A 


POLITICAL  CRIME 


THE 


HISTORY  OF  THE  GREAT  FRAUD 


BY 


A.   M.   GIBSON 


"The  refuge  of  lies  shall  be  swept  away,  and  the  hiding-place 
of  falsehood  shall  be  uncovered."  —  ./.  S.  Black,  to  the  Electoral 
Commission  'Feb.  27,  1877. 


NEW  YORK 

WILLIAM   S    GOTTSBERGER,   PUBLISHER 

II    MURRAY    STREET 

1885 


COPYRIGHT   BY 

WILLIAM  S.   GOTTSBERGER 

1885 


S. 


CONTENTS 


CHAPTER  I. 

THE  election  of  Tilden.  and  Hendricks  by  the  people:  Sectional 
prejudices  and  class  interests:  The  crime  of  the  nineteenth  century 
Admitted  by  republicans:  The  patriotism  of  Mr.  Tilden:  His  prefer 
ence  for  private  life:  The  great  labors  he  had  performed  in  the  service 
of  the  State:  The  irreparable  loss  to  the  people  of  the  United  States: 
The  foolhardy  attempt  to  maintain  alien  governments  m  the  Southern 
States  -  their  overthrow  hailed  with  joy  by  all  good  people,  .pp.  1-9- 

CHAPTER  II. 

THE    preparation  for  the   great  fraud  begun    in    1873-74:    The 
effect  of  the  Black  Friday,  San  Domingo,  French  Arms,  and  Cre"di 
Mobilier  inquiries:    The    public  conscience  awakened:    The 
bill  defeated :  A  new  scheme  devised  to  perpetuate  the  rule  of  ambitious 
men :    The  third-term  programme  :  The  twenty-second  joint  rule  and 
Morton's  Electoral-count  bill :   Grant  believed  Mr.  Tilden  was  elected  : 
The  Electoral-commission  bill  a  revamping  of  the  Federal  device  of 
1800-  The  inconsistencies  of  the  rulings  of  the  Electoral  commission 
pointed  out -one  ruling  for  Florida,  another  for  Louisiana,  ^^ 
another  for  Oregon PP' 

CHAPTER  III. 

THE  conspiracy  hatched:  The  preliminary  preparations  by  W.  E. 
Chandler:  The  emissaries  from  the  departments  at  Washington: 
Hayes  admitted  his  defeat  after  Zach.  Chandler  claimed  his  election: 
The  situation  in  Florida:  The  canvassing  board  without  judicial 
powers  •  The  talk  with  President  Grant  over  Jay  Gould's  private  wire : 
The  orders  issued  to  the  military:  Grant's  dispatches  analyzed :  The 
Republican  visiting  statesmen  disregarded  the  President's  instructions : 
They  prevented  a  fair  count  of  the  votes  actually  cast pp.  49^3  • 


II  CONTENTS. 


CHAPTER  IV. 

W.  E.  CHANDLER  reaches  Florida  and  reports  the  situation  to 
Hayes  :  He  calls  for  men  who  can  speak  authoratively  for  Hayes :  Tele 
grams  to  Zach.  Chandler  calling  for  men  and  money :  The  efforts  of 
Chandler  to  show  a  majority  for  Hayes  on  the  face  of  the  county 
returns  :  The  fraud  by  which  this  was  accomplished  :  The  two  Baker 
county  returns:  The  disadvantage  the  democrats  labored  under: 
What  the  cipher  dispatches  between  the  conspirators  disclose:  The 
carpet-bag  rogues  afraid  of  treachery:  What  Chandler  wanted  with 
Mathews :  The  work  Noyes  did pp.  64-79. 

CHAPTER  V. 

THE  canvass  of  the  county  returns  :  Chandler  outwitted  the  Demo 
cratic  visitors :  The  Baker  county  return  again:  Hamilton,  Jackson, 
Manatee,  and  Monroe  counties :  The  votes  therefrom  unjustly  ex 
cluded  by  the  State  canvassers :  The  Republican  frauds  in  Alachua 
county:  The  confession  of  Dennis:  The  disgraceful  conduct  of  ex- 
Governor  Noyes  :  The  frauds  in  Leon  and  Jefferson  counties  :  The 
confessions  of  Bowes  and  Bell:  The  plans  of  Chandler  nearly  de 
feated  by  Barlow :  The  conduct  of  Barlow  considered :  Cowgill's 
scruples  overcome pp.  80-97 

CHAPTER  VI. 

THE  supreme  court  decided  that  the  county  returns  must  be  ac 
cepted  by  the  state  canvassers  :  The  mandate  of  the  court  obeyed  as  to 
the  state  ticket :  The  trick  by  which  the  returns  for  electors  were  made 
to  show  a  majority  for  Hayes  :  The  Baker  county  return  twice  re 
jected  accepted  by  the  canvassers  :  McLin  and  Dennis  tell  on  the 
visiting  statesmen  :  Noyes,  the  particular  friend  of  Hayes  :  The  prom 
ises  he  made  :  The  rewards  McLin  and  Dennis  received  :  Hayes'  per 
sonal  endorsement  of  Dennis  :  How  the  subordinate  rogues  were  paid 
for  their  services  :  The  price  of  visiting  statesmen .pp.  98-113. 

CHAPTER  VII. 

PREPARATION  for  frauds:  The  state  census  of  1875  the  basis  of 
fraudulent  registration:  Republican  managers  determined  to  prevent  a 
fair  election:  The  bad  characters  who  were  selected  for  supervisors  of 


CONTENTS.  Ill 

registration:  The  registration  frauds  in  New  Orleans  and  in  the  par 
ishes  demonstrated  by  official  statistics :  Depriving  democrats  of  the 
right  to  vote:  Registration  of  negroes  facilitated:  The  election  was  fair, 
free,  and  peaceable:  The  proof  of  this  conclusive:  The  election  law 
analyzed:  What  was  required  in  reporting  intimidation  or  violence: 
Laws  conferring  such  great  power  on  returning  officers  must  be  strictly 
construed PP-  "4-134- 

CHAPTER    VIII. 

A  GAIN  of  2500  votes  in  New  Orleans  by  means  of  registration 
frauds  made  the  republicans  hopeful  of  the  state:  Provision  made  be 
forehand  for  the  Returning  Board  villainy:  The  Republican  visiting 
statesmen:  How  they  prated  about  the  forms  of  law  and  encouraged 
their  violation:  The  monument  they  left  behind:  The  manufacture  of 
affidavits  in  the  custom  house:  The  modus  operandi:  The  supervisors 
of  registration  did  not  make  their  returns  according  to  law:  They 
brought  them  to  New  Orleans  to  be  doctored:  Evidence  of  intimida 
tion  had  to  be  supplied  by  means  of  perjury  and  forgery:  The  part 
played  by  visiting  statesmen:  The  Sherman  letter:  The  evidence  con 
cerning  it:  The  use  made  of  the  New  Orleans  Post-office:  The  mails 
tampered  with:  What  was  done  in  the  postmaster's  private  office: 
A  statement  by  one  of  the  principal  actors:  Falsification  of  re 
cords PP-  135-153. 

CHAPTER  IX. 

THE  Returning  Board  not  in  a  hurry  to  begin  canvassing:  Why 
the  vacancy  in  the  Board  was  not  filled:  The  characters  of  Wells,  An 
derson,  and  the  two  mulattoes:  Time  consumed  to  allow  the  affidavit 
mill  to  begin  grinding:  The  farce  of  inviting  northern  democrats  to 
witness  the  opening  of  returns:  The  tampering  with  returns:  Stough- 
ton's  clerical  error:  Returns  held  back  to  be  falsified:  The  Eliza  Pmk- 
ston  case  examined:  A  set-up  job:  Her  story  gotten  up  for  the  occa 
sion:  It  was  rehearsed  in  the  custom  house:  The  character  of 
Pinkston:  She  offered  to  retract  and  expose  those  who  had  used  her  : 
She  was  unworthy  of  belief:  Three  efforts  to  count  out  the  Tilden  elec 
tors  before  the  work  was  done:  How  Kellogg  improved  affidavits: 
Testimony  of  Kelley,  supervisor  of  Richland  parish:  The  counting-out 
finally  accomplished PP-  '54-1 72- 


IV  CONTENTS. 

CHAPTER  X. 

THE  counting-in  finished  and  same  day  the  Hayes'  electors  met 
and  voted :  They  did  not  comply  with  the  Constitution  and  the  laws 
of  the  United  States  :  Tom.  Anderson  carried  the  defective  return  of 
electoral  votes  to  Washington:  The  President  of  the  Senate 
pointed  out  the  failure  to  comply  with  the  law :  Anderson  opened  the 
package  and  discovered  defect  in  certificate :  What  passed  between 
Anderson  and  the  President  of  the  Senate :  A  conspiracy  to  suppress 
the  defective  returns  and  manufacture  new  ones :  How  this  was 
done :  The  persons  who  conspired  :  The  forgery  of  the  signatures  of 
Levissee  and  Joffroin,  two  absent  electors  :  Those  who  knew  of  the 
forgery :  Kellogg  warned  Senator  Morton  :  Why  he  gave  the  warn 
ing:  The  testimony  of  Anderson,  Clark,  Kellogg,  Sheldon,  Kelley, 
reviewed  and  analyzed :  The  way  Kellogg  took  care  of  Kelley :  The 
Smith  bogus  return  :  Proceedin gin  joint  convention  :  The  way  Morton 
managed  the  Electoral  commission:  A  chapter  of  crimes.. .pp.  173-197. 

CHAPTER    XI. 

How  the  Republican  visiting  statesmen  disobeyed  General 
Grant's  instructions :  How  they  prostituted  themselves  :  Preaching 
rigid  adherence  to  "forms  of  law"  they  encouraged  disregard  of  the 
same  :  John  Sherman  made  Secretary  of  the  Treasury  and  Almoner  of 
the  fraudulent  administration  :  His  pet  bank  in  New  York  :  Stanley 
Mathews,  his  services  and  reward  therefor:  James  A.  Garfield,  his 
work  and  reward :  William  M.  Evarts,  what  he  did  and  how  he  was 
paid :  E.  W.  Stoughton,  author  of  the  infamous  report  to  the  President, 
made  Minister  to  Russia :  John  M.  Harlan  made  Justice  of  the  Su 
preme  Court  of  the  United  States  for  helping  to  get  rid  of  Packard: 
Joseph  R.  Hawley  sent  on  a  pleasure  trip  to  Paris:  John  Coburn 
also  paid:  Eugene  Hale  and  William  D.  Kelley  rewarded  with 
"  patronage." > pp.  198-213. 

CHAPTER    XII. 

THE  character  Gen.  Sheridan  gave  \Vells :  "A  political  trickster 
and  dishonest  man":  Well's  anxiety  to  be  bought  :  The  messages  he 
sent  to  the  republicans  in  Washington  by  a  government  agent:  His 
letter  to  Senator  West:  "There's  millions  in  it:"  The  government 


CONTENTS.  V 

agent's  interview  with  Don.  Cameron :  The  electoral  votes  of  Louisiana 
offered  to  the  democrats  for  $1,000,000:  The  proposal  indignantly 
spurned:  The  arrangement  made  with  the  visiting  statesmen :  The 
money  Kellogg  raised  for  some  purpose :  How  the  visiting  states 
men  stood  by  the  members  of  the  Returning  Board :  The  disgraceful 
telegram  to  Tom.  Anderson:  The  history  of  the  trade  by  which 
Hayes  was  finally  counted  in:  New  and  interesting  facts  concerning 
the  filibustering  in  the  House  of  Representatives:  The  Wormley 
Hotel  conference:  The  trial  and  conviction  of  Tom  Anderson  for 
forgery 214-247. 

CHAPTER  XIII. 

WILLIAM  Pitt  Kellogg's  interest  in  the  result  of  the  Returning 
Board's  work:  His  character  delineated:  He  assisted  in  the  alteration 
of  the  affidavit  of  Supervisor  Kelley  :  His  part  in  the  forgery  of  an 
ante-dated  set  of  electoral  certificates :  His  knowledge  of  the  forging 
of  the  names  of  Levissee  and  Joffroin,  two  absent  electors,  to  the 
electoral  certificates:  Kellogg  took  into  his  confidence  William  M. 
Evarts,  E.  W.  Stoughton,  Zach.  Chandler,  and  Senator  Morton :  The 
knowledge  of  the  forgery  must  have  been  known  to  the  other  so-called 
Republican  electors:  Kellogg's  negro  messenger  threatened  to  "peach" 
and  was  taken  care  of  by  Kellogg :  Kellogg  had  to  buy  his  seat  of  the 
Returning  Board  Legislature:  He  filled  the  New  Orleans  custom 
house  with  the  rascals  in  order  to  get  them  to  retract  affidavits  :  How 
Kellogg  was  saved  from  indictment  and  conviction  for  bribery  while  a 
senator  by  George  Bliss :  How  the  Hayes  electors  were  rewarded : 
Packard  got  "  consideration  and  position. " pp.  248-268. 

CHAPTER  XIV. 

THE  rewarding  of  the  registration  officers  :  Hahn  and  McArdle 
were  taken  care  of:  George  L.  Smith's  services  and  pay  therefor: 
Lewis,  Badger,  and  McMillan  get  their  "sops":  The  character  of 
Jack  Wharton  :  His  evidence  as  to  the  corruptibility  of  J.  Madison 
Wells  :  His  mouth  sealed  by  the  U.  S.  marshalship  :  Hugh  J.  Camp 
bell's  services  and  reward :  H.  Conquest  Clark,  Kellogg's  private 
secretary:  His  share  in  the  forging  of  electoral  certificates:  Still  a 
pensioner  of  the  government  :  Thomas  S.  Kelley,  Kellogg's  negro 
messenger,  still  a  clerk  in  the  second  auditor's  office  of  the  Treasury 


VI  CONTENTS. 

department :   Hardy  and  Smith  paid  for  their  rascality  :^  C.  L.   Fer 
guson,  his  services  and  reward pp.  269-282. 

CHAPTER  XV. 

THE  services  and  reward  of  "a  roper-in  "  for  a  snake  show: 
The  difficulty  Kellogg  had  in  getting  an  affidavit  from  M.  J.  Grady: 
Grady's.  services  and  reward:  James  E.  Scott,  supervisor  of  Claiborne, 
had  to  be  "induced"  to  make  an  affidavit:  James  E.  Anderson  and 
the  trouble  he  gave  carpet-baggers  and  visiting  statesmen  :  How  he 
was  feared  by  Sherman,  Evarts,  Stanley  Mathews,  and  Hayes :  A 
long  list  of  minor  rogues —Moore,  Kempton,  Maloney,  Leon,  Rowan, 
Underwood,  Creagh,  Brim  Loan,  Howard,  and  Swazey,  their  services 
and  the  rewards  they  received  :  Thomas  S.  Kelley,  the  hold  he  had 
upon  Kellogg  :  How  he  has  been  cared  for :  The  two  Dinkgraves, 
Norton,  Dumont,  Chapman,  Sheradin,  Twitchell,  Delacey,  Souer, 
Dickerson,  Brown,  Milon,  de  Joie,  Jones,  and  Johnson  —  what  they 
did  and  what  they  got pp.  283-297. 


CHAPTER  XVI.      \ 

THE  Roll  of  American  dishonor  :  The  centennial  era  of  the  Re 
public  disgraced  :  The  apology  of  the  instigators  and  promoters  of 
the  Great  Fraud  analyzed  :  The  facts  which  have  been  proved  against 
"the  visiting  statesmen:"  The  Florida  case:  The  Louisiana  case: 
A  shameful  story  :  The  dishonesty  of  the  defense  put  forward  by 
"the  visiting  statesmen  :"  Their  names  linked  for  all  time  to  those  of 
the  Louisiana  and  Florida  rogues:  Retributive  justice:  How  all  the 
chief  beneficiaries  of  the  Great  Fraud  feared  exposure:  Mathews  and 
Jim.  Anderson:  General  Grant  knew  the  Louisiana  rogues  and  was 
prepared  to  believe  them  capable  of  any  villainy pp.  298-309. 

CHAPTER  XVII. 

REVIEW  of  Louisiana  carpet-bag  politics  ;  Lincoln's  plan  of  recon 
struction:  The  first  provisional  government:  The  illegal  attempt  to 
amend  the  constitution  of  1864:  The  New  Orleans  riot  and  massacre 
the  result  of  incendiary  appeals  to  the  negroes:  Gen.  Hancock's  benef 
icent  rule:  The  election  of  Warmoth  and  the  enactment  of  registra 
tion  and  election  laws :  The  character  and  purpose  of  these  laws :  Anal- 


CONTENTS.  VII 

ysis  of  the  laws:  Senator  Edmunds  pronounces  the  election  law  in 
conflict  with  the  State  constitution:  The  character  of  Warmoth:  He 
delineates  the  characters  of  his  opponents:  Universal  corruption:  The 
Custom  House  party:  The  attempt  to  impeach  Warmoth:  The  use  of 
the  troops:  The  Carter- Warmoth  war pp.  3IQ-335- 

CHAPTER  XVIII. 

THE  quarrel  of  Warmoth  with  the  Federal  administration:  The 
people's  party:  The  election  of  1872:  The  investigation  by  the  Senate 
committee  of  privileges  and  elections:  The  Returning  Board  embrog- 
lio:  The  infamous  conduct  of  the  Federal  judge,  E.  H.  Durell:  The 
scathing  report  of  the  majority  of  the  Senate  committee:  The  usurpa 
tion  of  Kellogg  sustained  by  Federal  troops:  The  conduct  of  Attorney- 
general  Williams:  Warmoth  turned  out:  The  people  do  not  recognize 
Kellogg's  government  :  The  September  revolution :  The  election  of 
1874:  The  verdict  of  the  people  again  set  aside:  The  conduct  of  the 
Returning  Board  denounced  by  a  Republican  congressional  com 
mittee:  The  interference  of  the  military:  The  speech  of  Mr.  Evarts: 
The  Federal  administration  denounced pp.  336-354- 

APPENDIX. 

OPINIONS  of  George  W.  Childs,  Hamilton  Fish,  Jesse  Seligman, 
Chauncey  Depew,  Ex-Secretary  Robeson,  John  A.  Logan,  New  York 
Tribune,  Albany  Evening  Journal,  New  York  Evening  Post,  Rev. 
James  S.  Chadwick,  Surgeon-General  Gunnell,  Ex-Governor  Bedle, 
George  C.  Bates,  as  to  the  influence  exerted  over  General  Grant  by 
unscrupulous  and  unworthy  friends pp.  355^359- 

FAC-SIMILE  of  card  from  General  Grant  to  Mr.  Maddox.  ..p.  360. 

STATEMENT  of  D.  J.  M.  A.  Jewett,  containing  analysis  of  Louis 
iana  registration  and  election  laws,  and  facts  known  to  him  about  the 
illegal  action  of  the  Louisiana  Returning  Board  in  the  cases  of  De 
Soto,  Bossier,  Webster,  Morehouse,  Ouachita,  East  Baton  Rouge, 
East  Feliciana,  Richland,  Second  Ward,  Orleans,  Lafourche,  and 
Claiborne  Parishes,  and  about  Visiting  Statesmen pp.  361-373. 

INDEX pp.  375-402. 


VI  CONTENTS. 

department :   Hardy  and  Smith  paid  for  their  rascality  :-v  C.  L.   Fer 
guson,  his  services  and  reward pp.  269-282. 

CHAPTER  XV. 

THE  services  and  reward  of  "a  roper-in  "  for  a  snake  show  : 
The  difficulty  Kellogg  had  in  getting  an  affidavit  from  M.  J.  Grady: 
Grady's.  services  and  reward:  James  E.  Scott,  supervisor  of  Claiborne, 
had  to  be  "induced"  to  make  an  affidavit:  James  E.  Anderson  and 
the  trouble  he  gave  carpet-baggers  and  visiting  statesmen  :  How  he 
was  feared  by  Sherman,  Evarts,  Stanley  Mathews,  and  Hayes :  A 
long  list  of  minor  rogues— Moore,  Kempton,  Maloney,  Leon,  Rowan, 
Underwood,  Creagh,  Brim  Loan,  Howard,  and  Swazey,  their  services 
and  the  rewards  they  received  :  Thomas  S.  Kelley,  the  hold  he  had 
upon  Kellogg:  How  he  has  been  cared  for:  The  two  Dinkgraves, 
Norton,  Dumont,  Chapman,  Sheradin,  Twitchell,  Delacey,  Souer, 
Dickerson,  Brown,  Milon,  de  Joie,  Jones,  and  Johnson  —  what  they 
did  and  what  they  got pp.  283-297. 

CHAPTER  XVI.      \ '< 

THE  Roll  of  American  dishonor  :  The  centennial  era  of  the  Re 
public  disgraced  :  The  apology  of  the  instigators  and  promoters  of 
the  Great  Fraud  analyzed  :  The  facts  which  have  been  proved  against 
"the  visiting  statesmen:"  The  Florida  case:  The  Louisiana^case: 
A  shameful  story  :  The  dishonesty  of  the  defense  put  forward  by 
"the  visiting  statesmen  :"  Their  names  linked  for  all  time  to  those  of 
the  Louisiana  and  Florida  rogues:  Retributive  justice:  How  all  the 
chief  beneficiaries  of  the  Great  Fraud  feared  exposure:  Mathews  and 
Jim.  Anderson  :  General  Grant  knew  the  Louisiana  rogues  and  was 
prepared  to  believe  them  capable  of  any  villainy pp.  298-309. 

CHAPTER  XVII. 

REVIEW  of  Louisiana  carpet-bag  politics  ;  Lincoln's  plan  of  recon 
struction:  The  first  provisional  government:  The  illegal  attempt  to 
amend  the  constitution  of  1864:  The  New  Orleans  riot  and  massacre 
the  result  of  incendiary  appeals  to  the  negroes:  Gen.  Hancock's  benef- 
cent  rule:  The  election  of  Warmoth  and  the  enactment  of  registra 
tion  and  election  laws:  The  character  and  purpose  of  these  laws-  Anal- 


CONTENTS.  VII 

ysis  of  the  laws:  Senator  Edmunds  pronounces  the  election  law  in 
conflict  with  the  State  constitution:  The  character  of  Warmoth:  He 
delineates  the  characters  of  his  opponents:  Universal'  corruption:  The 
Custom  House  party:  The  attempt  to  impeach  Warmoth:  The  use  of 
the  troops:  The  Carter- Warmoth  war pp.  310-335. 

CHAPTER  XVIII. 

THE  quarrel  of  Warmoth  with  the  Federal  administration:  The 
people's  party:  The  election  of  1872:  The  investigation  by  the  Senate 
committee  of  privileges  and  elections:  The  Returning  Board  embrog- 
lio:  The  infamous  conduct  of  the  Federal  judge,  E.  H.  Durell:  The 
scathing  report  of  the  majority  of  the  Senate  committee:  The  usurpa 
tion  of  Kellogg  sustained  by  Federal  troops:  The  conduct  of  Attorney- 
general  Williams:  Warmoth  turned  out:  The  people  do  not  recognize 
Kellogg's  government  :  The  September  revolution :  The  election  of 
1874:  The  verdict  of  the  people  again  set  aside:  The  conduct  of  the 
Returning  Board  denounced  by  a  Republican  congressional  com 
mittee:  The  interference  of  the  military:  The  speech  of  Mr.  Evarts: 
The  Federal  administration  denounced pp.  336-354- 

APPENDIX. 

OPINIONS  of  George  W.  Childs,  Hamilton  Fish,  Jesse  Seligman, 
Chauncey  Depew,  Ex-Secretary  Robeson,  John  A.  Logan,  New  York 
Tribune^  Albany  Evening  Journal,  New  York  Evening  Post,  Rev. 
James  S.  Chadwick,  Surgeon-General  Gunnell,  Ex-Governor  Bedle, 
George  C.  Bates,  as  to  the  influence  exerted  over  General  Grant  by 
unscrupulous  and  unworthy  friends pp.  355~359- 

FAC-SIMILE  of  card  from  General  Grant  to  Mr.  Maddox.  ..p.  360. 

STATEMENT  of  D.  J.  M.  A.  Jewett,  containing  analysis  of  Louis 
iana  registration  and  election  laws,  and  facts  known  to  him  about  the 
illegal  action  of  the  Louisiana  Returning  Board  in  the  cases  of  De 
Soto,  Bossier,  Webster,  Morehouse,  Ouachita,  East  Baton  Rouge, 
East  Feliciana,  Richland,  Second  Ward,  Orleans,  Lafourche,  and 
Claiborne  Parishes,  and  about  Visiting  Statesmen pp.  361-373. 

INDEX pp.  375-402. 


A  POLITICAL  CRIME. 


CHAPTER  I. 

The  election  of  Tilden  and  Hendricks  by  the  people  :  Sectional  prej 
udices  and  class  interests  :  The  crime  of  the  nineteenth  century 
admitted  by  republicans :  The  patriotism  of  Mr.  Tilden :  His 
preference  for  private  life:  The  great  labors  he  had  performed 
in  the  service  of  the  State :  The  irreparable  loss  to  the  people  of 
the  United  States  :  The  foolhardy  attempt  to  maintain  alien  govern 
ments  in  the  Southern  States  —  their  overthrow  hailed  with  joy  by 
all  good  people. 

ON  Tuesday,  November  yth,  1876,  the  people  of  the 
United  States,  by  their  suffrages,  selected  for  President 
and  Vice-President,  Samuel  J.  Tilden  and  Thomas  A. 
Hendricks,  and  were  deprived  of  their  choice  by  illegal 
methods,  bolstered  by  frauds,  perjuries,  and  forgeries. 

Sectional  prejudices,  engendered  by  years  of  violent 
political  agitation,  and  intensified  by  civil  war,  the  excite 
ment  of  a  fiercely  contested  presidential  campaign,  and  vast 
and  widely  ramifying  financial  interests,  warped  the  judg 
ment  of  many  good  men  and  constrained  them  then  to 
countenance  and  acquiesce  in  the  acts  of  politicians  bent  on 
self-aggrandizement,  intent  upon  the  gratification  of  their 
ambition,  and  determined,  at  all  hazards,  to  perpetuate  their 
power.  Calm  reflection,  sober  reasoning,  deliberate  con 
sideration  in  the  midst  of  the  wild  excitement  of  that  hour 
was,  perhaps,  more  than  ought  to  have  been  expected. 


2  A    POLITICAL    CRIME. 

The  surprising  thing  is  that  within  less  than  a  decade  an 
almost  complete  revulsion  in  the  opinion  of  the  minority 
should  have  taken  place. 

Those  who  actually  participated  in  the  conspiracy  to 
nullify  the  will  of  the  people,  of  course,  attempt  to  justify 
their  conduct,  but  it  is  indeed  seldom  that  any  others  appear 
as  the  defenders  or  apologists  of  the  extraordinary  means  em 
ployed  to  accomplish  that  crime.  This  well-nigh  universal 
change  in  the  sentiments  of  republicans  has  been  naturally 
evolved,  and  is  another  and  striking  proof  of  the  deep- 
seated  and  inherent  sense  of  justice  and  right  which  char 
acterizes  the  American  people.  It  would  have  been  passing 
strange  if  this  change  had  not  occurred.  It  would  have 
been  cause  for  wonderment  if  a  people  jealous  of  their 
liberties,  devoted  to  the  principles  of  constitutional  govern 
ment,  reverently  believing  in  the  sacred  right  of  local  self- 
government,  and  treasuring  up  the  glorious  traditions  of 
their  ancestors  had  not  risen  above  party  prejudices  and 
made  manifest  their  disapproval  of  the  crime  of  the  nine 
teenth  century. 

What  a  monstrous  crime  it  was  !  And  what  dire  disas 
ters  and  innumerable  woes  it  would  inevitably  have  led  to, 
if  the  man  who  represented  the  cause  of  liberty  and  law, 
justice  and  right  had  not  been  a  true  patriot,  a  great  states 
man,  a  wise  political  philosopher !  Humanity  would  have 
had  cause  to  mourn  had  not  Samuel  J.  Tilden  possessed  a 
well-poised,  evenly-balanced,  serene  mind;  and  had  not 
those  he  represented  been  consistent  and  staunch  friends  of 
law  and  order.  Had  he  been  an  aspiring  demagogue,  a 
selfishly-ambitious  politician,  instead  of  a  broad-minded, 
far-seeing  leader  of  men,  civil  war,  in  all  human  probability 
could  not  have  been  averted.  But  he  possessed  that  rare 
quality  of  looking  beyond  the  present  turmoil  and  divining 


MR.    TILDEN'S    ADVICE.  3 

the  evolutions  of  the  public  conscience.  He  reposed  im 
plicit  confidence  in  the  people.  Had  his  advice  been 
heeded  by  those  who  aspired  to  the  leadership  of  their 
party  in  Congress  there  would  have  been  no  resort  to  an 
extra  constitutional  tribunal  to  decide  the  electoral  dispute. 
He  would  have  had  the  House  of  Representatives  plant 
itself  firmly  on  its  constitutional  rights  and  calmly  awaited 
the  result.  The  position  would  have  been  impregnable. 
Desperate  as  were  the  men,  who  were  seeking  to  set  aside 
the  constitutionally-expressed  will  of  the  people,  they 
would  not  have  dared  to  assume  the  fearful  responsibility  of 
unsettling  the  foundations  of  the  government.  The  timid 
Democratic  leaders  in  Congress,  disregarded  Mr.  Tilden's 
advice,  and  accepted  the  arbitrament  of  a  tribunal  so  con 
stituted  as  to  leave  to  the  determination  by  chance  the 
deciding  vote. 

How  dignified,  manly,  and  self-respecting,  was  the  bear 
ing  and  conduct  of  Mr.  Tilden  during  the  eventful  months 
intervening  between  the  ;th  of  November,  1876,  and  the 
4th  of  March,  1877  !  Personally  it  was  not  a  deprivation 
to  lose  the  presidency.  Predisposed  to  the  life  of  a  student, 
weary  of  the  strife  of  the  forum,  possessing  ample  for 
tune,  caring  not  for  the  pomp  and  circumstance  of  official 
life,  Mr.  Tilden,  at  sixty-three  years  of  age,  with  health  en 
feebled  by  unremitting  attention  to  his  clients,  private,  and 
public,  and  by  unselfish  labor  in  the  cause  of  Democratic 
institutions  and  good  government,  would  have  greatly  pre 
ferred  the  unalloyed  pleasure  of  private  life,  the  communion 
with  books,  the  recreation  of  travel,  and  the  society  of  con 
genial  friends,  to  the  vast,  the  more  than  herculean,  labor  of 
"  working  out  a  reform  of  systems  and  policies,"  and  extir 
pating  "the  cancerous  growths  of  false  constructions  and  cor 
rupt  practices  "  during  "  years  of  continuous  mal-administra- 


4  A    POLITICAL    CRIME. 

tion,  under  the  demoralizing  influence  of  intestine  war,  and 
of  bad  finance."  He  would  not  have  been  content  with 
"gliding  through  an  official  routine."  He  had  "never  ac 
cepted  official  service  except  for  a  brief  period,  for  a  special 
service,  and  only  when  the  occasion  seemed  to  require  .  .  . 
that  sacrifice  of  private  preferences  to  the  public  welfare." 
For  forty  years,  without  thought  of  an  official  career,  he 
had  "  devoted  at  least  as  much  thought  and  effort  to  the 
duty  of  influencing  aright  the  action  of  the  governmental 
institutions  "  of  his  "  country,  as  to  all  other  objects."  He 
had  acted  upon  the  belief  "  that  there  is  no  instrumentality 
in  human  society  so  potential  in  its  influence  upon  man 
kind  for  good  or  evil,  as  the  governmental  machinery  for 
administering  justice,  and  for  making  and  executing  laws. 
Not  all  the  eleemosynary  institutions  of  private  benevolence 
to  which  philanthropists  may  devote  their  lives,  are  so 
fruitful  in  benefits,  as  the  rescue  and  preservation  of  this 
machinery  from  the  perversions  that  make  it  the  instrument 
of  conspiracy,  fraud,  and  crime,  against  the  most  sacred 
rights  and  interests  of  the  people."* 

Animated  by  no  selfish  considerations  he  began  the  war 
fare  against  official  plunderers  who  held  the  city  and  state 
of  New  York  in  their  iron  grasp.  The  labor  he  performed 
in  breaking  to  pieces  the  Tweed  ring  was  enough  to  have 
broken  the  health  of  a  physically  stronger  man.  Following 
this  came  the  administration  of  the  affairs  of  the  state  and 
the  overthrow  of  the  Canal  ring.  This  latter  corrupt  com 
bination  was  the  complement  of  the  former.  Together 
they  dominated  the  politics  of  the  state  and  exacted  tribute 
from  the  commonwealth  and  its  great  commercial  metrop 
olis.  Their  combined  power  to  control  parties,  to  dictate 

*  Mr.  Tilden's  letter  to  Chairman  N.  Y.  Dem.  State  Com.  Tune  10 
1884. 


A    TITANIC    STRUGGLE.  5 

nominations,  to  influence  legislation,  and  sway  the  adminis 
tration  of  justice,  was  no  secret.  In  their  plenitude  of 
power  they  truthfully  boasted  of  their  ability  to  make  or 
mar  the  political  fortunes  of  men.  They  contemptuously 
snapped  their  fingers  at  their  unorganized  victims,  and,  with 
the  insolence  of  robber  barons  of  old,  sneeringly  asked, 
"what  are  you  going  to  do  about  it?" 

The  answer  in  due  time  was  made  by  Samuel  J.  Tilden. 
It  was  a  titanic  struggle.     The  thieves  had  millions  stolen 
from  the  people.     They  were  entrenched   at  every  point. 
They  had  made  governors.     They  owned  legislatures  and 
courts.     The  people  had  to  be  organized.     The  control  of 
party  machinery  had  to  be  wrenched  from  the  hands  of  the 
robbers  and  their  allies.     The  municipal  government  had 
to  be  rescued  from  the  spoilers  and  the  state  redeemed. 
The  moving  spirit,  the  controlling  mind,  the  master  hand, 
throughout  the  long  and  arduous  contest  for  the  supremacy 
of  right,  the  vindication  of  justice,  was  that  of  Mr.  Tilden.^ 
The  services  Mr.  Tilden  rendered  the  great  metropolis 
and  his  native  State  in  uprooting,  prosecuting,  and  bringing 
to  punishment  the  Tweed  ring  of  the  city,  and  the  Canal  ring 
of  the  state,  of  New  York  made  him  the  most  conspicuous  re 
former  of  his  time.    It  is  one  thing  to  theorize  and  quite  an 
other  to  perform.   His  reforms  were  accomplished  in  the  face 
of  formidable  organized  opposition.   The  degree  of  acumen, 
the  power  of  analysis,  the  intellectual  force,  and  the  skill  of 
organization  and  concentration  required  in  these  great  under 
takings  have  rarely  if  ever  been  found  united  in  one  man. 
It  would  have  been  strange  if  these  remarkable  qualifications 
and  really  wonderful  performances  had  not  made  Mr.  Tilden 
the  candidate  of  the  people  in  1876.     Public  sentiment  de 
manded  the  redemption  and  reformation  of  the  Federal  gov 
ernment.     The  people  wanted  an  executive  who  had  the 


6  A    POLITICAL    CRIME. 

capacity,  the  moral  courage,  the  experience,  and  the  per 
sistent  determination  to  restore  the  administration  of  the 
government  to  its  pristine  purity  and  simplicity. 

Had  Mr.  Tilden  been  installed  as  President  of  the 
United  States,  corruption  in  high  places  would  have  ceased, 
the  public  service  would  have  been  reformed,  the  moral 
standards  of  the  people  would  have  been  elevated,  the 
overgrown  civil  list  would  have  been  pruned  of  its  excres 
cences,  and  an  effete  accounting  system  adapted  to  the  needs 
of  the  government  of  an  infant  republic,  but  soon  thereafter 
abandoned  by  the  mother  country  whence  it  was  derived, 
and  which  long  since  ceased  to  be  a  check  on  dishonest 
officials,  would  have  been  replaced  by  one  simple  and  ef 
ficient.  The  great  work  which  he  would  have  accomplished 
this  generation  will  not  see  performed.  A  man  of  his  men 
tal  equipment,  of  his  vast  and  varied  experience,  of  his 
genius  to  originate  and  capacity  to  execute,  of  his  grasp  of 
details,  of  his  analytical  methods,  is  rarely  found. 

The  men  who  conspired  to  defeat  the  will  of  the  people 
in  1876  knew  what  they  were  about.  They  knew  that  if 
Mr.  Tilden  became  President  of  the  United  States  the  in 
vestigations  which  would  follow  would  be  directed  by  one 
who  was  indefatigable,  relentless,  and  perfect  master  of  the 
art.  They  knew  what  the  result  would  be  and  the  effect  it 
would  produce  on  the  public  mind.  Eternal  dishonor 
would  have  been  the  portion  of  many,  and  permanent  re 
tirement  to  private  life  the  inevitable  lot  of  a  still  greater 
number.  ^  The  Credit  Mobilier  exposure,  and  the  half 
hearted  inquiry  by  a  partisan  committee  which  followed, 
had  brought  in  a  Democratic  House  of  Representatives. 
The  inquiries  that  body  instituted,  though  unskilfully  con 
ducted,  and  balked  at  every  turn  by  executive  power, 
resulted  in  the  impeachment  of  one  cabinet  officer  and  the 


CLASS   INTERESTS. 


disgrace  of  two  others*     The  public  indignation  thereby 
a  oused  was  but  a  foretaste  of  the  storm  of  popular  rage 
"hich  would  have  ensued  if  the  all-pervading  rottenness  and 
corruption,  the  almost  inevitable  result  of  the  long  continu 
ance  of  one  party  in  power,  had  been  completely  laid  bare. 
cL  interests  dreaded  a  change.     The  reformation  of 
abuses    and  the  administration  of  governmental  affairs ,  for 
h Tbenent  of  the  whole  people,  would  -  unsettle  valuesj  by 
iisturbing  "vested  rights"  in  official  jobbery.     Combina 
tions  to  deplete  the  public  treasury  by  means  of  star-route 
*ai    frauds'and  naval  contracts  did  not  want  the  exiting 
conditions    disturbed    and    past    transactions    ***«*£ 
They  were  ready  to  unite  with  "syndicates,"  and  the  rep  e- 
Ltltives  of  southern  carpet-bag  governments,  to  de yt he 
will  of  the  people,  and  prevent  the  installation  of  the  m 
they  had  selected  for  chief  magistrate.     The  power  of  these 
organized  influences  can  scarcely  be  over-estimated.     But 
Z  would  have  been  as  chaff  before  the  wind  if  the  exist- 
!!; /administration  had  been  responsive  to  public  sentin.n 
instead  of  their  creature  and  *»P^'Mab\^y-    JJ' 
false  counts  in  Florida  and  Louisiana  were  possible  only  by 
the  countenance  and  under  the  protection  of  the 

o-overnment.  ,.  ,      , 

The    desperate   means,   necessary   to    accomplish   t 
gigantic  frauds  by  which  the  people  of  those  states  were 
d   franchised,  and  their  verdict  at  the  ballot-box  reversed 
would  not  have  been  resorted  to  without  the  sancUon  of 
the  chief  executive  of  the  nation.     What  bold  ««£«£ 
constitutional  power,  what  utter  contempt  of  pubhc  sen 
ment  it  required  to  sanction  such  proceedings 

As  the  war  passions  and  prejudices  had  died  away  the 
disappearance  of  alien  governments  in  Virginia,  Kentu 

*  Belknap,  Robeson,  and  Williams. 


A    POLITICAL    CRIME. 

Missouri,  Texas,  North  Carolina,  Georgia,  Alabama,  Ar 
kansas,  and  Mississippi,  was  hailed  with  general  approval  by 
the  northern  people.  All  self-respecting  men  admitted  that 
the  history  of  these  monstrous  perversions  of  the  principles 
of  representative  government  would  remain  through  all 
time  unparalleled  as  a  record  of  shameless  corruption, 
wholesale  official  immorality,  and  political  debauchery! 
While  the  English  language  is  spoken  the  words  «  carpet 
bagger"  and  "scallawag"  will  be  employed  to  express  the 
contempt  which  every  decent  man  feels  for  the  alien  and 
native  who  oppresses,  robs,  and  wrongs  a  helpless  people ! 

In  1876  "carpet-bag  and  scallawag"  rule  dominated  in 
but  three  states.     The  Republican  party  originally  had  a 
respectable  white  following  in  Florida  among  the  northern 
settlers  who  migrated  there,  after  the  war,  for  health  and 
legitimate  business  pursuits.     But  the  dishonesty  of  local 
officials,  the  corruptibility  of  legislators,  and  State  officers, 
the  ease  with  which  jobbers  carried  schemes  to  increase  the 
debt  and  rob  the  state  of  its   public  lands,  had  disgusted 
this  class  and  arrayed  them  on  the  side  of  the  native  whites 
South  Carolina,  with  the  sole  exception  of  Louisiana  was 
afflicted  with  the  most  unscrupulous  and  despicable  gang  of 
public  plunderers  that  ever  preyed  upon  any  community 
The  native  scoundrels  surpassed  in  loathsomness  of  private 
morals,  and  official  dishonesty  the  product  of  any  other  soil 
The  career  of  Frank  J.  Moses  cannot  be  paralleled  in  the 
annals  of  any  other  people.     The  two  carpet-baggers  who 
•e  matchless  are  John  J.  Patterson  and  William   Pitt  Kel 
logg.     They  were  the  Jonathan  Wilds  of  South  Carolina 
and  Louisiana  carpet-bag  politics.     But  the  cleverest  of  all 
the  -carpet-baggers"  was  Daniel   H.   Chamberlain       As 
Attorney  General  and  Governor  of  South  Carolina  he  was 
the  associate  and  master  of  the  most  consummate  scoundrels 


CARPET-BAG    RULE.  9 

that  ever  fattened  off  an  unfortunate  people,  and,  strange  to 
say,  he  survives  to  play  in  company  with  respectable  people 
the  role  of  a  political  moralist  and  civil-service  reformer ! 
That  men  whose  political  aims  are  professedly  high,  and 
who  proclaim  from  the  house  tops  their  intention  to  elevate 
the  standard  of  official  life,  and  purify  our  politics,  should 
countenance  a  man  like  Chamberlain,  and  fellowship  with 
him,  must  be  accepted  as  proof  that  the  drift  of  public 
morals  is  from  bad  to  worse ! 

The  pecuniary  cost  of  "carpet-bag  and  scallawag  "  rule 
in  the  South  may  be  reckoned  by  the  hundreds  of  millions, 
but  who  will  undertake  to  calculate  the  extent  of  the  degra 
dation  of  public  and  private  morals  resulting  therefrom  ? 
Where  is  the  adventurous  student   of   social    statics    who 
will  venture  to  estimate  the  effect  of  the  teachings  and  ex 
amples  of  "carpet-bag  and  scallawag"   leaders  upon  six 
millions  of  people  just  emerging  from  the  night  of  slavery, 
and  whose  proneness  to  falsehood,  theft,  and  kindred  vices, 
was  therein  engendered  ?     Naturally  imitative,  predisposed 
to  steal  and  lie,  is  it  strange  that  negro  legislators  were  the 
facile   tools  of  their  white   leaders,   and  that   black   men 
readily  became  swift  witnesses   to    bolster  by  perjury  the 
stories  of  intimidation  and  outrages  invented  by  unscrupu 
lous  rogues  to  gull  the  northern  masses  ?     Unfortunately 
the  influence  for  evil  of  these  political  adventurers  was  not 
confined  to  the  South.     Its  ever-widening  circles  ran  over 
the  whole  land.     Could  the   presence   of  a  Patterson,   a 
Kellogg,  a  Dorsey,  a  West,  a  Conover,  in  the  Senate  of  the 
United  States   fail  to  have  a  deleterious   effect   upon  the 
morals  of  the  Nation  thus  disgraced  ? 


10  A    POLITICAL    CRIME. 


CHAPTER  II. 

The  preparation  for  the  great  fraud  begun  in  1873-74:  The  effect  of 
the  Black  Friday,  San  Domingo,  French  Arms,  and  Credit- Mobi- 
lier  inquiries:  The  public  conscience  awakened:  The  Force  bill 
defeated :  A  new  scheme  devised  to  perpetuate  the  rule  of  ambitious 
men:  The  third-term  programme:  The  twenty-second  joint  rule 
and  Morton's  Electoral-count  bill:  Grant  believed  Mr.  Tilden  was 
elected  :  The  Electoral-commission  bill  a  revamping  of  the  Federal 
device  of  1800 :  The  inconsistencies  of  the  rulings  of  the  Electoral 
commission  pointed  out  —  one  ruling  for  Florida,  another  for 
Louisiana,  and  still  another  for  Oregon. 

As  early  as  1873-74  some  of  the  Republican  leaders 
saw  plainly  that,  unless  Congress  conferred  extraordinary 
powers  upon  the  President  of  the  United  States,  the 
southern  states,  still  oppressed  by  carpet-bag  governments, 
would  inevitably,  and  speedily,  regain  their  constitutional 
rights.  It  became  apparent  within  less  than  a  year  that 
their  party  was  rapidly  losing  its  hold  upon  the  northern 
masses  and  that  in  the  presidential  contest  of  1876  the  re 
sult  would  probably  depend  upon  the  electoral  votes  of  sev 
eral  of  the  reconstructed  states.  With  a  fatuity  which  now 
seems  very  remarkable,  these  leaders  failed  to  perceive 
that  the  northern  people  were  becoming  disgusted  with  sec 
tional  politics.  Three  notable  scandals  during  President 
Grant's  first  term  had  made  a  decided  impression  on  the 
public  mind.  Reflecting  patriots  contemplated  with  no 
little  uneasiness  the  revelations  made  by  the  Black  Friday, 
the  San  Domingo,  and  French  Arms  investigations.  Im- 


PUBLIC    CONSCIENCE. 

mediately  succeeding  the  election  of  1872   came  the  as 
tounding  disclosures  of  the   Credit-Mobilier  inquiry      No 
other  event  in  the  political  history  of  the  country  produced 
such  immediate  and  wide-reaching  results.     The  revelations 
were  indeed  startling.     Half  a  score  of  popular  idols  were 
overturned,  or  defaced,  and  otherwise  damaged.     Not  only 
was  the  public  confidence  shaken  in  men  who  had  theret 
fore  commanded  almost  universal  respect  and  esteem,  but 
the  people  began  to  lose  faith  in  the  purity,  integrity,  ai 
disinterestedness  of  Republican  leaders. 

The  public  conscience  thus  rudely  awakened  by  tnes 
revelations  began,  insensibly,  to  realize  the  enormity  of  the 
southern,  the    sectional    policy   of  the  Republican  party. 
This  change  in  sentiment  was  at  first  of  slow  growth.     The 
passions  and  prejudices  incident  to  the  war  for  the  preserva 
tion  of  the  Union  befogged  the  popular  mind  and  the  car 
pet-bag  and  scallawag  rogues  systematically  originated  and 
disseminated  stories  of  horrible  outrages    alleged  to  have 
been   perpetrated  by  southern  whites    upon  negroes  and 
southern   republicans.     Their   political   allies   in  Congress 
converted  the  Federal  government  into  a  propaganda  for  t 
manufacture  and  dissemination  of  outrage  stories.     As  t 
bert  Spencer  says  «  every  falsehood  has  some  remote  conne. 
tion  with  the  truth."   Southern  outrage  stories  originally  had 
some  basis  of  truth,  but  nevertheless  they  were  as  a  : 
monstrous  exaggerations  and  perversions.     In  certain  sec 
tions  of  the  South  there  were  rude  communities  and  t 
straints  of  law  were  slight.     The  natural  effect  of  alien  rul 
is  to   create   lawlessness.     The   carpet-bag  and   scallawag 
rulers  were  intent  upon  plunder  and  the  laws  they  enactec 
were  a  grievous  burden  upon  the  people.     In  a  short 
the  administration  of  justice  became  a  mockery  and  soa 
order  began  to  give  way  to  anarchy.     The  wonder  is  that 


12  A    POLITICAL    CRIME. 

the  demoralization  was  not  more  general  and  wide  reaching. 
Had  the  white  population  been  of  any  other  than  Anglo- 
Saxon  origin  the  result  of  the  attempt  to  fasten  negro  and 
carpet-bag  rule  upon  the  southern  states  would  have  been 
frightful. 

The  attempted  imposition  of  ignorant  negro  and  dis 
honest  and  corrupt  alien  white  rulers  upon  a  people  of  An 
glo-Saxon  lineage  was  a  wicked  and  foolhardy  experiment. 
The  history  of  the  race  ought  to  have  taught  the  authors  of 
the  scheme  that  it  was  inevitably  doomed  to  failure.  But 
to  the  very  last,  men  like  Oliver  P.  Morton,  George  S. 
Boutwell,  Zach  Chandler,  and  Roscoe  Conkling,  who  were 
personally  honest,  and  who  had,  and  have  great  intellectual 
power  and  patriotic  impulses,  were  determined  to  prevent  by 
Federal  military  power  the  overthrow  of  these  alien  govern 
ments.  They,  and  the  men  of  less  intellect  and  meaner 
motives,  who  followed  in  their  wake,  were  willing  to  disre 
gard  the  warnings  of  the  Fathers  of  the  Republic,  and  the 
examples  of  the  past,  and  bestow  the  presidency  a  third 
time  upon  General  Grant.  Preparatory  to  driving  through 
the  famous  and  infamous  Force  bill,  which  the  radical  leaders 
of  the  Republican  majority  had  devised,  an  attempt  was 
made,  in  the  closing  days  of  the  Forty-third  Congress,  to 
adopt,  in  the  House  of  Representatives,  a  gag  rule  to  de 
prive  the  minority  of  its  constitutional  rights.  This  was  the 
first  practical  step  in  the  third  term  programme. 

Had  the  Force  bill  become  a  law  constitutional  liberty 
would  have  ceased  to  exist  south  of  Mason  and  Dixon's 
line.  The  rule  of  the  bayonet  would  have  been  supreme 
throughout  that  entire  region.  But  the  skill,  the  admir 
able  parliamentary  tactics,  the  wonderful  endurance  of 
Samuel  J.  Randall,  secured  the  defeat  of  the  attempt  to  im 
pose  the  gag  rule  on  the  House,  and  the  Force  bill  was 


SECTIONAL   POLITICS.  13 

killed.  It  was  a  memorable  struggle.  For  seventy-two 
hours,  Mr.  Randall,  without  sleep,  and  with  only  such  re 
freshments  as  could  be  hastily  swallowed  at  his  desk,  mar 
shalled  the  Democratic  minority  and  by  sheer  endurance 
wore  out  their  adversaries.  A  few  years  after  this  gallant 
fight  against  the  gag  rule  in  the  House  of  Representatives 
it  was  resorted  to  in  the  British  House  of  Commons  to 
secure  the  passage  of  iniquitous  legislation  against  Ireland. 
The  advocacy  of  such  a  measure  by  Mr.  Gladstone  was  a 
surprise  to  his  American  friends. 

Failing  to  pass  the  Force  bill  the  radical  republicans, 
under  the  lead  of  Senator  Morton,  attempted  to  accomplish 
by  indirection  what  that  measure  was  to  have  enabled  them 

to  d0 namely:  to  control  the  Presidential  election  of  1876. 

The  election  of  an  overwhelming  majority  of  democrats  to 
the  House  of  Representatives  in  1874  ought  to  have  been 
accepted  by  the  desperate  leaders  of  the  hitherto  dominant 
party  as  notice  that  the  disclosures  of  the  past  few  years 
had  shaken  public  confidence  in  the  honesty  and  unselfish 
ness  of  Republican  statesmanship,  and  that  the  country  was 
tired  of  sectional  politics.  The  campaign  of  1874  had  been 
fought  by  them  on  the  old  issues  of  southern  disloyalty  and 
southern  outrages.  The  response  of  the  people  was  a  dis 
approval  of  sectionalism,  of  carpet-bag  rule  in  the  South, 
and  a  demand  for  the  reformation  of  abuses  in  Federal  af 
fairs.  The  overthrow  of  the  Kellogg  government  in  Loui 
siana,  by  armed  force,  on  the  nth  of  September,  only  a  few 
weeks  before  the  October  elections,  seemingly  increased 
Democratic  majorities  in  erstwhile  Republican  strongholds. 

The  men  who  had  so  long  wielded  power,  instead  of  de 
riving  wisdom  from  this  exhibition  of  adverse  popular  feel 
ing,  were  only  made  desperate  and  reckless.  They  deter 
mined  at  all  hazards  to  defy  the  unmistakable  will  of  the 


14  A    POLITICAL    CRIME. 

people.  The  vast  machinery  of  the  Federal  government, 
the  almost  unlimited  financial  resources,  subject  to  assess 
ment  for  political  purposes,  and  the  use  which  they  could 
make  of  the  army,  were  not  enough  to  satisfy  them.  They 
were  resolved  not  only  to  play  the  game  of  politics  with 
loaded  dice,  but  to  cheat  in  the  count,  if  necessary.  With 
this  end  in  view  Senator  Morton  reported  from  the  Committee 
on  Privileges  and  Elections,  January  26,  1875,  an  Electoral- 
count  bill,  and  despite  the  strenuous  opposition  of  the  Dem 
ocratic  minority  drove  it  through  the  Senate  in  less  than 
thirty  days.  However,  the  rules  of  the  House  of  Repre 
sentatives  prevented  any  such  haste  in  that  body.  The  at 
tempt  to  so  amend  those  rules  as  to  allow  the  majority  to 
gag  the  minority  had  been  made  as  the  preliminary  to  rush 
ing  through  the  "Force  bill"  and  had  failed. 

Morton's  Electoral-count  bill  provided  first,  that  the 
affirmative  action  of  the  two  houses  of  Congress  should  be 
required  to  reject  any  certificate  of  electoral  votes,  and 
second,  if  there  was  "  more  than  one  return  "  from  a  state 
"  purporting  to  be  the  certificate  of  electoral  votes  given  at 
the  last  preceding  election  for  President  and  Vice-President 
in  such  state  "  only  that  one  should  "  be  counted  which  the 
two  houses,  acting  separately  shall  decide  to  be  the  true 
and  valid  return."  This  was  just  the  opposite  of  the 
twenty-second  joint  rule  which  had  been  adopted  by  the 
Republican  majorities  of  the  two  houses  in  1865  when  the 
purpose  was  to  prevent  the  counting  of  any  electoral  votes 
from  the  states  lately  in  rebellion  and  thereby  express  con 
gressional  disapproval  of  President  Lincoln's  plan  of  recon 
struction.  That  rule  provided  that  "  no  vote  objected  to 
shall  be  counted  except  by  the  concurrent  votes  of  the  two 
houses."  This  rule  was  rushed  through  hastily  and  secretly 
January  30,  1865,  to  supply  the  place  of  a  joint  resolution 


PARTISAN    PURPOSES.  !5 

which  had  been  passed,  specifically  providing  that,  Virginia, 
North  Carolina,  South  Carolina,  Georgia,  Florida,  Alabama, 
Mississippi,  Louisiana,  Texas,  Arkansas,  and  Tennessee, 
were  not  entitled  "to  representation  in  the  Electoral  college 
for  the  choice  of  President  and  Vice-President  of  the 
United  States  for  the  term  commencing  on  the  4th  day  of 
March,  1865,"  and  which  it  was  apprehended  the  President 
would  not  approve.  However,  Mr.  Lincoln  did  approve 
the  bill  and  sent  a  message  to  Congress  in  which  he  stated 
that  he  had  given  his  approval  solely  because  he  believed 
that  the  counting  of  the  electoral  vote  was  a  matter  entirely 
beyond  the  province  of  the  Executive,  and  expressly  de 
claring  that  he  withheld  expression  "  of  any  judgment  of 
his  own  on  the  subject." 

The  joint  rule  of  1865  remained  in  force  and  under  it 
three  electoral  counts  were  had,  in  1865,  1869,  and  1873. 
Upon  the  assembling  of  the  Congress  in  December,  1875, 
on  motion  of  Senator  Edmunds,  the  Senate  resolved  that  the 
rules  of  that  body,  and  the  joint  rules  of  the  two  houses, 
except  the  twenty-second  joint  rule,  heretofore  in  use, should 
be  continued  until  otherwise  ordered.  It  had  theretofore 
not  been  customary  for  the  Senate,  whose  organization 
continues  from-  year  to  year,  to  formally  readopt  its  rules 
and  reaffirm  the  continuance  of  the  joint  rules.  The  House 
which  is  reorganized  every  two  years  does  readopt  its  rules. 

The  House  of  Representatives,  which  assembled  and 
organized  on  the  first  Monday  in  December,  1875,  was 
largely  Democratic,  and,  therefore,  if  the  twenty-second 
joint  rule  had  been  continued  in  force  any  electoral  votes 
which  that  House  refused  to  count  would  be  rejected.  The 
rule  made  for  partisan  purposes,  and  which  had  served,  on 
three  occasions,  partisan  ends,  would  no  longer  answer  the 
probable  necessities  of  partisans,  and  hence  they  dispensed 


1 6  A    POLITICAL    CRIME. 

with  it.     The  effect  of  the  action  of  the  Senate  was  to  leave 
the  two  houses  without  any  pre-arrangement  for  counting 
the  electoral  votes  in  February,  1877.     But  prior  to   1865 
there  had  been  no  joint  rule  relating  to  the  subject.    Thereto 
fore  the  two  houses,  a  short  time  in  advance  of  the  day  fixed 
by  the  act  of  1792  —  the  second  Wednesday  in  February  — 
for  the  opening  and  counting  of  the  electoral  votes,  agreed 
merely  upon  the  place  of  meeting  and  the  order  of  proceed 
ings.  Various  attempts  had  been  made,  previous  to  the  adop 
tion  of  the  twenty-second  joint  rule,  by  one  or  the  other  of 
the  two  houses,  to  assume  the  power  to  determine  the  valid 
ity  of  electoral  votes  and  to  count  the  same,  but  there  had 
been  no  agreement.     The  significant  feature  of  the  twenty- 
second  joint  rule  is  that  it  recognized  the  existence  of  power 
in  either  house  to  reject  electoral  votes.    No  one  before  that 
time  had  been  venturesome  enough  to  assert  that  the  Consti 
tution  did  not  guarantee  to  a  state  the  right  to  its  quota  of 
electoral  votes.  An  attempt  was  made,  in  1800,  and  in  1821, 
to  enact  laws    which    recognized   the    power    of  the    two 
houses  to  decide  upon  the  regularity  of  certificates  of  elec 
toral  votes  and  provided  the  methods  of  exercising  such 
right,  but  each  time  there  was  no  agreement.     Political  ex 
pediency   was   the  moving  cause   of  the  adoption   of  the 
twenty-second  joint  rule  as  partisanship  was  the  origin  of 
the  bill  reported  by  Morton  and  passed  through  the  Senate 
in  1875.  The  first,  was  a  gross  violation  of  the  Constitution, 
and,  the  second,  was  intended  to  give  the  Republican  senate 
the  power  to  violate  the   spirit  of  the  Constitution   if  the 
necessity  therefor  arose.       It  was    conceived,   formulated, 
reported  to  the   Senate,  and  driven  through,  for  no   other 
purpose  than  to  give  that  body,  which  would  continue  till 
after  March  4th,  1877,  to  be  controlled  by  republicans,  the 
power  to  compel  the  counting  of  the  electoral  votes  certified 


I7 


FRAUD    CONTEMPLATED. 


to  by  the  governors  of  the  states  of  Florida, 
South  Carolina.  The  act  of  1792  required  the  executive 
authority  of  each  state  to  certify  the  lists  of  electors  who 
had  been  appointed.  This  certification  by  the  state  execu 
tive  authority  was  the  authentication  to  the  President  of  the 
Senate  and  to  Congress  of  the  selection  and  appointment  of 
the  electors.  The  executive  authority  of  the  above-named 
states  was  in  the  hands  of  unscrupulous  and  daring  men. 
In  each  of  those  states  there  were  Returning  Boards  com 
posed  of  unprincipled  men  who  would  not  hesitate  to  do 
anything  necessary  to  perpetuate  their  party  in  power,  pro 
vided  they  were  protected  and  rewarded.  If  the  necessity 
arose  the  will  of  the  people  of  those  states  could  be  nulli 
fied  by  returning  and  certifying  as  elected  candidates  for 
electors  for  President  and  Vice-President  of  the  United 
States  who  had  been  repudiated  by  the  people. 

It  is,  therefore,  evident  that  years  previous  to  the  Presi 
dential  election  of  1876  the  Republican  leaders  in  Congress 
anticipated  the  probability  of  the  people  of  the  United 
States  defeating  at  the  polls  the  candidates  of  their  party. 
They  were  determined  to  hold  on  to  power  regardless  of  the 
popular  verdict  expressed  by  constitutional  methods.  Their 
first  attempt  to  prepare  for  such  a  contingency  was  to  pass 
through  the  Senate  a  bill  which  would  authorize  the  Presi 
dent  to  exercise  directly  absolute  power  whenever  he,  or 
rather  they  chose,  in  any  or  all  of  the  southern  states.  De 
feated  in  this  adventure  they  endeavored  to  enact  an  Elec 
toral-count  bill  which  would  enable  them  to  count  the 
electoral  votes  of  these  southern  states  regardless  of  how 
the  majority  of  the  people  therein  might  vote.  The  two 
measures  were  to  have  been  complements  of  each  other,  but 
the  former  being  defeated  they  did  not  abandon  the  latter. 
Failing,  in  February,  1875,  on  account  of  the  near  approach 


1 8  A    POLITICAL    CRIME. 

of  the  dissolution  of  the  Forty-Third  Congress,  to  pass 
their  bill,  they  renewed  it  in  1876,  hoping  to  delude  the 
Democratic  house  into  accepting  their  measure.  In  this 
they  were  disappointed. 

Notwithstanding  the  defeat  of  the  Force  bill  which  was 
to  have  authorized  the  exercise  of  unconstitutional  power 
by  the  President  and  the  employment  of  whatever  force  he 
deemed  necessary  in  southern  states,  they  did  induce  the 
President  to  in  effect  declare  and  enforce  martial  law  in 
South  Carolina  pending  the  election  in  that  state  in  1876. 
The  whole  eastern  seaboard  of  the  United  States  was 
stripped  of  soldiers  who  were  quartered  in  different  locali 
ties  in  that  state  to  overawe  the  people  and  prevent  a  fair 
and  free  exercise  of  the  right  of  suffrage.  The  proclamation 
issued  by  the  President  on  the  lyth  of  October,  1876,  and 
the  quartering  of  thirty-three  companies  of  United  States 
troops  in  several  counties  of  South  Carolina  which  followed 
thereon  were  indefensible  acts.  He  did  these  things  upon 
the  mere  request  of  the  governor  of  that  state  who  did  not 
establish  the  existence  of  "  insurrection  and  domestic  vio 
lence." 

It  was  merely  asserted  by  the  governor  that  "  com 
binations  of  men  against  law  exist  in  many  counties  who 
ride  up  and  down  by  day  and  by  night  in  arms,  murdering 
some  peaceable  citizens  and  intimidating  others,"  and 
that  these  combinations  "  cannot  be  controlled  or  sup 
pressed  by  ordinary  course  of  justice."  All  this  might  be 
true  and  not  constitute  the  "  insurrection  and  domestic  vio 
lence  "  contemplated  by  the  Constitution.  But  it  did  furnish 
a  pretext  for  the  employment  of  the  United  States  troops  un 
lawfully  on  election  day  and  that  was  all  that  was  wanted. 
The  laws*  of  the  United  States  expressly  provide  that  no 
*  Sec.  2002  R.  S.  U.  S. 


THE    OLD    FEDERAL    DEVICE.  19 

person  "  engaged  in  the  civil,  military,  or  naval  service  of 
the  United  States  shall  order,  bring,  keep,  or  have  under  his 
authority  or  control  any  troops  or  armed  men  at  the  polls 
when  any  general  or  special  election  is  held  in  any  state, 
unless  it  be  necessary  to  repel  the  armed  enemies  of  the 
United  States,  or  to  keep  the  peace  at  the  polls."  And  yet 
troops  were  at  the  polls  in  many  localities  in  South  Caro 
lina,  not  for  the  purpose  of  repelling  the  armed  enemies  of 
the  United  States  or  to  preserve  the  peace,  but  to  aid 
deputy  marshals  of  the  United  States  in  making  illegal  ar 
rests  and  to  intimidate  voters. 

The  Electoral-commission  bill  was  a  revamping  of  the 
device  of  the  Federal  party  in  1800  to  nullify  the  will  of  the 
people.  It  was  clear  to  the  federalists  at  that  time,  as  it 
was  to  the  republicans  in  1875,  that  the  democrats  would 
triumph  in  the  approaching  presidential  contest,  unless 
some  extraordinary  measures  were  taken  to  reverse  the 
people's  verdict.  The  bill  of  1800  was  the  extraordinary 
and  unconstitutional  scheme  which  was  to  enable  the  Fed 
eral  leaders  to  count  in  their  candidates  who,  as  they  clearly 
foresaw,  were  doomed  to  defeat.  The  people  of  that 
period  believed  that  the  federalists  meant  to  convert  their 
government  from  one  of  limited  powers  into  an  absolute 
despotism.  The  alien  and  sedition  laws  justly  excited  their 
fears  and  moved  them  to  great  wrath.  The  increase  of  the 
army,  under  pretense  of  repelling  the  aggressions  of  the 
French  Republic,  but  really  for  the  purpose  of  enabling 
Hamilton,  if  he  succeeded  in  creating  the  opportunity,  to 
strengthen  the  Federal  government,  created  the  gravest  ap 
prehensions  in  the  popular  mind. 

The  fourth  Presidential  election,  it  was  foreseen  would, 
probably,  turn  upon  the  result  in  Pennsylvania,  New 
York,  and  New  Jersey.  How  striking  the  parallel  between 


20  A    POLITICAL    CRIME. 

the  struggle  of  1800  and  that  of  1876!  In  Pennsylva 
nia  the  general  election  law  expired  by  limitation  and 
the  Federal  majority  in  the  senate  of  that  state  would 
not  consent  to  its  renewal.  Hence,  the  legislature  to 
be  chosen  that  year  would  have  the  appointment  of 
Presidential  electors.  It  was  a  foregone  conclusion  that 
the  democrats  would  have  a  decided  majority  on  joint  bal 
lot  in  this  new  legislature.  The  federalists  conceived  the 
idea  of  contesting  the  choosing  of  electors  for  President  and 
Vice-President  of  the  United  States  by  the  Legislature  of 
Pennsylvania  on  the  ground  that  they  should  be  selected 
by  districts  notwithstanding  the  fact  that  there  was  no  law 
providing  therefor.  On  the  other  hand  they  had  an  en 
tirely  different  scheme  for  New  York.  The  new  legislature 
of  that  state,  chosen  in  the  spring  of  1800,  was  Democratic 
and  upon  it  devolved  the  duty  of  choosing  Presidential 
electors.  But  the  term  of  the  preceding  legislature  did  not 
expire  till  the  first  of  July.  The  federalists  of  New  York, 
acting  upon  the  advice  of  *  Alexander  Hamilton,  designed 
to  have  the  electors  chosen  by  a  legislature  which  ceased 
to  exist  before  the  appointed  time  for  choosing  them  came 
round.  It  was  a  bold  and  illegal  design  which  Hamilton 
euphoniously  denominated  a  justifiable  expedient  to  defeat 
Jefferson.  It  did  not  succeed  because  the  Governor,  John 
Jay,t  although  a  federalist,  refused  to  be  a  party  thereto  and 
declined  to  call  the  legislature  together  for  the  purpose. 

The  federalists  had  a  majority  in  both  Houses  of  Con 
gress,  and  expecting  the  new  House  to  be  Republican,! 

*  Hamilton's  Works,  vol.  vi,  p.  438. 

t  Life  and  Writings  of  lohn  Jay,  vol.  ii,  p.  414. 

t  The  followers  of  Jefferson  called  themselves  Republicans.  Their 
opponents  nick-named  them  Democrats  and  insisted  that  they  were  the  im 
itators  in  the  new  world  of  the  Revolutionists  of  France.  The  Tefferson- 
lans  adopted  the  name  applied  to  them  by  their  enemies 


A    GRAND    COMMITTEE.  21 

"they  deliberately  and  unscrupulously  determined  to  enact 
a  law  which  would  enable  them  to  win  by  foul,  if  compelled 
to  lose  by  fair,  means."*     The  bill  of  1800  provided  that  on 
the  day  before  the  second  Wednesday  in   February  each 
House  should  select  by  ballot  six  persons,  who  with  the 
Chief  Justice  of  the  United  States,  or  one  of  the  associate 
justices,  should   form  a  Grand  Committee  which  was    to 
"have  power  to  examine  and  finally  decide  all  disputes" 
relative  to  the  election  of  President  and  Vice-President  of 
the  United  States.     Each  House  was  to  choose  two  tellers 
who  were  to  receive  the  certificates  of  electoral  votes  and 
note   their   contents.     Thereupon    the    Grand    Committee 
having  been  organized  was  to  take  possession  of  all  the  doc 
uments,  certificates  of  the  electors,  and  all  the  certificates 
and  other  documents  transmitted  by  them,  or  by  the  execu 
tive  authority  of  any  state,  and  all  petitions,  exceptions,  and 
memorials  against  the  votes  of  any  of  the  electors  and  the 
persons  for  whom  they  had  voted,  together  with  all  the  tes 
timony  accompanying   the  same.     The  Chief  Justice  was 
to  act  as  chairman  of  the  Grand  Committee,  which  was  to 
sit  with  closed  doors  and  from  day  to  day  till  it  concluded 
its  labors.     It  could  send  for  persons  and  papers,  administer 
oaths  and  punish  witnesses  for  contempt  "as  fully  and  abso 
lutely   as   the  Supreme   Court   may   and  can  do  in  cases 
depending  therein." 

This  tribunal  unknown  to  the  Constitution  was  to 
have  the  extraordinary  power  "to  inquire,  examine,  de 
cide,  and  report  upon  the  constitutional  qualifications  of 
persons  voted  for  as  President  and  Vice-President  of 
the  United  States,  upon  the  constitutional  qualifications 
of  the  electors  appointed  by  the  different  states,  and 
whether  their  appointment  was  authorized  by  the  state 
*McKnight's  Electoral  System  of  the  United  States,  p.  263. 


22  A    POLITICAL    CRIME. 

legislatures  or  not;  upon  all  petitions  and  exceptions 
against  corrupt,  illegal  conduct  of  the  electors,  or  force, 
menace,  or  improper  means  used  to  influence  their  votes,  or 
against  the  truth  of  their  returns,  or  the  time,  place,  or 
manner  of  giving  their  votes."  It  was,  however,  provided 
that  there  should  be  no  inquiry  as  to  whether  each  state 
had  her  proper  quota  of  electors  or  whether  the  electors 
were  chosen  by  a  majority  of  the  votes  in  his  state  or  dis 
trict.  Whatever  the  judgment  of  this  Grand  Committee 
might  be  it  was  to  be  a  finality. 

This  bill  was  unconstitutional  beyond  a  doubt.  Every 
senator  and  representative  then  in  Congress  who  had  been  a 
member  of  the  Constitutional  Convention  opposed  and  de 
nounced  it  as  violative  of  the  letter  and  spirit  of  the  Consti 
tution.  But  the  desperate  federalists  who  doubted  their 
ability  to  defeat  Thomas  Jefferson  in  the  approaching  Presi 
dential  contest  were  determined  to  pass  it.  They  put  the  bill 
through  the  Senate  but  in  the  House  the  wily  republicans, 
with  the  assistance  of  John  Marshall,  succeeded  in  so 
amending  it  as  to  take  away  the  powers  on  which  its 
authors  in  the  Senate  chiefly  relied  to  accomplish  their  pur 
poses.  The  House  amendments  made  the  judgment  of  the 
Grand  Committee  revisable  by  the  two  Houses  and  re 
quired  a  concurrent  vote  to  reject  any  electoral  votes.  The 
Senate  insisted  that  a  concurrent  vote  should  be  necessary 
to  count  disputed  votes  and  a  non-agreement  resulted. 

The  people  having  in  1876,  by  constitutional  methods, 
indicated  their  choice  for  President  and  Vice-President  to 
be,  Samuel  J.  Tilden,  and  Thomas  A.  Hendricks,  the  Repub 
lican  politicians  determined  to  disregard  the  people's  will, 
and  at  the  risk  of  civil  war,  and  in  defiance  of  every  prin 
ciple  of  justice  and  right,  and  in  violation  of  the  letter  and 
spirit  of  the  Constitution  of  the  United  States,  as  well  as  of  the 


MORTON'S    INCONSISTENCY.  23; 

Constitution  and  laws  of  three  states,  to  instal  their  defeated 
candidates.     The  Returning  Boards  of  Florida,  Louisiana, 
and  South   Carolina,   flagrantly  disregarding  the  election 
laws  which  gave  them  existence,  returned  as  elected  Repub 
lican  electors  for  President  and  Vice-President  when  in  fact 
in  the  two  first-named  states,  and,  probably,  m  the  third, 
the  Tilden  and  Hendricks  electors  were  chosen.     This  mon 
strous  crime,  as  we  shall  hereafter  demonstrate,  was  not 
only  instigated  by  Republican  leaders,  but  the  perpetrators 
thereof  were  protected  and  rewarded  by  the  beneficiaries 
of  the  frauds,  perjuries,  and  forgeries  by  which  it  was  ac 
complished!  , 
The  Republican  leaders  having  failed,  as  their  ] 
prototypes  did,  to  make  unconstitutional  provision,  before 
hand   to  count  the  electoral  votes  as  necessity  might  dictate, 
had  to  fall  back  on  the  old  bill  of  1800.     Upon  the  reas 
sembling  of  Congress,  in  December,  1876,  there  appeared 
to  be  a  division  of  views  on  the  part  of  Republican  senators 
as  to  the  best  method  of  accomplishing  the  conspiracy  to 
defraud   the   people  which  had  thus  far  been  successful. 
Some  maintained  that  it  was  the  constitutional  prerogative 
of  the  Vice-President  to  determine  all  disputes  relative  to 
certificates  of  electoral  votes,  and  to  count  the  same,  and 
declare  the  result,  which  declaration  was  to  be  accepted  as 
final,  conclusive,    and   irrevocable.     Of    this   number  was 
Oliver  P.  Morton  who,  less  than  a  year  previous,  had  re 
ported  to,   and  carried   through,  the  Senate  his  Electoral- 
count  bill  which  made  the  President  of  the  Senate  a  mere 
figurehead  in  counting  the  electoral  votes.     It  must,  there 
fore,  be  concluded  that  Senator  Morton's  plan,  advocated 
by  him  as  late  as  the  spring  of  1876,  was  either  the  result 
of  ignorance  or  of  partisan  motives.     His  sudden  conver 
sion  to  the  belief  that  the  President  of  the  Senate  alone  had 


24  A    POLITICAL    CRIME. 

jurisdiction  in  determining  questions  which  he  maintained,  a 
short  time  before,  was  the  province  of  the  two  Houses  of 
Congress,  cannot  be  accepted  as  sincere.  It  was  due  to  the 
fact  that  the  President  of  the  Senate  was  a  man  who  would 
do  the  bidding  of  his  party. 

The  purpose  of  the  radical  Republican  leaders  was  to 
assert  and  maintain  the  power  of  the  President  of  the  Seriate 
to  count  the  electoral  votes.  Mr.  Morton  was  the  repre 
sentative  of  these  desperate  men  who  constituted  the  large 
majority  of  their  party  in  the  two  houses  of  Congress.  But 
they  could  not  succeed  without  the  support  of  the  President 
of  the  United  States.  He  was  the  master  of  the  situation. 
A  small  minority  of  republicans,  and  among  them  some  of 
the  strongest  men  intellectually  in  Congress,  were  opposed 
to  the  assumption  of  this  extraordinary  power  by  the  Presi 
dent  of  the  Senate. 

It  was  well  understood  that  General  Grant  had  the 
personal  belief  that  Mr.  Tilden  was  elected.  He  was 
familiar  with  the  prior  history,  character,  and  doings  of 
the  chief  actors  in  the  Louisiana  transaction,  and  was  fully 
convinced  that  the  vote  of  Louisiana  belonged  to  Mr. 
Tilden.  Confirmatory  testimony  on  this  subject  has  become 
public  since  the  death  of  General  Grant. 

Mr.  George  W.  Childs,  who  was  perhaps  the  most  inti 
mate  personal  friend  and  confidant  of  General  Grant,  in 
a  letter  signed  by  himself  containing  reminiscences  of  the 
General  and  published  on  the  5th  day  of  September,  1885, 
in  the  Philadelphia  Ledger,  of  which  he  is  the  proprietor, 
has  made  the  following  statement : 

"  He  was  staying  with  me  in  Philadelphia  during  the  canvass  of 
the  election  between  Tilden  and  Hayes,  and  on  the  morning  of  the 
momentous  day  after  the  election,  when  the  returns  gave  Tilden  a  ma 
jority  of  all  the  Electors,  he  accompanied  me  to  my  office.  In  a  few 


GRANT'S    BELIEF. 


"  • 


" 


™  a,  .  and  o, 


Louisiana  as  for  Tilden." 

Col  A  K  McClure,  editor  of  The  Times  of  Philadel 
phia,  says  that*  Mr.  Childs  was  not  only  "  the  most  mttmate 
personal  friend  General  Grant  had  during  the  las  ten  or 
fifteen  years  of  his  life,"  but  avers  that  -  it  «  well  known 
that  in'grave  politic*  explications  Mr  Chjta  ««*jn 
privately  and  unreservedly  consulted  by  the 

PHILA.,  Sept.  8,  1885. 


nd  the  world.   Myrecol- 
Grant,  before  the  latter  starieu  on  ™=  J"r  ^iTulc  ' 

lection  of  the  conversation  agrees  ««^J^  the  most  intimate  per- 
Mr.  Childs  was,  according  to  my  o^serva       ^  ^  ^^  ^^  Q{  h]S 
sonal  friend  General  Grant  had  dunnL  u  eyen  in  e 

,  ^  : u  i^™,n  nmoner  their  acq  .     ^  unreservedly 


consulted  by  the  general.  company  at  dinner,  informs  me 

^»^4=^SSSSSS 
ttMss^Aj^gsSwS 

A.  M.  GIBSON,  ESQ. 


26  A    POLITICAL    CRIME. 

Colonel  McClure  not  only  confirms  the  exact  accuracy  of 
Mr.  Childs'  report  of  the  substance  of  the  conversation 
which  occurred  "just  before  General  Grant  started  on  his 
journey  around  the  world  "  in  the  presence  of  Mr.  A.  J. 
Drexel,  Mr.  Childs,  and  himself,  but  adds  that  since  the 
publication  thereof  in  The  Ledger  and  The  Times  Mr. 
Drexel  has  informed  him  that  he  has  a  distinct  recollection 
of  the  language  used  on  that  occasion  and  vouches  for  the 
correctness  of  the  version  given  by  Mr.  Childs  and  himself. 
The  conversation  on  General  Grant's  part  was  spontaneous 
and  his  statement  that  "  he  expected  from  the  beginning 
until  the  final  judgment,  that  the  electoral  vote  of  Louisi 
ana  would  be  awarded  to  Mr.  Tilden,"  was  candid  and 
unreserved.  Those  who  knew  General  Grant  well  know 
that  he  talked  with  the  utmost  freedom  and  frankness  when 
alone  with  his  friends. 

General  Grant's  belief  as  expressed  to  the  Republican 
leaders  in  Mr.  Childs'  private  office,  "  Gentlemen,  it 
looks  to  me  as  if  Mr.  Tilden  was  elected,"  was  not 
a  transitory  impression  made  by  incomplete  returns 
published  the  morning  after  the  election.  It  became  a  con 
viction  which  grew  and  strengthened  as  the  full  returns 
were  received  and  all  the  facts  were  developed.  The 
Republican  leaders  were  bent  upon  carrying  things  with 
a  high  hand  in  Washington,  and  they  depended  upon 
General  Grant  to  acquiesce  in  and  maintain  whatever 
course  they  determined  upon.  Their  intention  was  to  have 
the  President  of  the  Senate  assume  the  right  to  count  the 
electoral  votes,  and  to  determine  all  questions  as  to  dis 
puted  certificates  of  electoral  votes.  The  probability  of 
such  a  contingency  arising,  as  has  already  been  pointed 
out,  had  been  contemplated,  and  at  the  beginning  of  the 
Forty-fourth  Congress  Senator  Edmunds  had  quietly  man- 


MR.  HEWITT'S  IMPRESSION. 

aged  to  have  the  twenty-second  joint  rule  dropped  by  the 
Senate  The  preparations  were  made  before  and  after  the 
assembling  of  Congress  in  December,  1876,  to  sustain  m 
debate  this  assumption  of  extraordinary  power  by  the 
President  of  the  Senate.  It  was  confidently  proclaimed 
that  the  Senate  would  sustain  this  programme,  and  that 
President  Grant  would  see  to  it  that  whoever  the  Presi 
dent  of  the  Senate  declared  to  be  elected  was  inaugurated 
and  installed  as  President  of  the  United  States.  But  the 
conspirators  reckoned  without  their  host. 

The  plan  of  the  Republican  leaders  to  count  in  Hayes 
without  regard  to  the  House  of  Representatives  never  re 
ceived  any  encouragement  from  General  Grant.     Shortly 
after  Congress  met  in  December  he,  through  Hon  Ham 
ilton  Fish,  secretary  of  state,  indicated  to  Hon.  Abram  S. 
Hewitt  chairman  of  the  National  Democratic  Committee, 
and  a  member  of  the  House  of  Representatives,  his  desire 
to  have  a  conference  with  him  on  the  all-absorbing  subject 
of  the  electoral  count.     General   Grant  made  known  to 
Mr   Hewitt  his  purpose  to  take  no  action  in  regard  to  the 
contests  in  Louisiana  and  South  Carolina  over  their  state 
governments  which  could  be  made  to  look  like  the  expres- 
Bion  of  executive  opinion  in  regard  to  the  result  of  the 
Presidential  election  in  those  states.     While  he  refrained 
from  expressing  to  Mr.  Hewitt  his  judgment  upon  the  acts 
of  the  Returning  Board  in  Louisiana  he  said  plainly  that 
they  ought  to  be  the  subject  of  a  fair  and  impartial  ex 
amination.      The  impression  made  upon  Mr.  Hewitt  by 
General  Grant  was  a  most  favorable  one  and  the  report  he 
made  to  his  Democratic  colleagues   encouraged  them  to 
hope  for  a  pacific  and  favorable  solution  of  the  electoral 
dispute  and  the  defeat  of  the  Republican  conspirators. 
Mr   Childs  states  that  General  Grant  sent  for  him  to 


28  A    POLITICAL    CRIME. 

come  to  Washington  and  talked  with  him  freely  on  the 
subject  of  the  count  of  the  electoral  votes  and  the  embar 
rassing  course  of  the  leaders  of  his  party  in  Congress.  He 
said  to  Mr.  Childs:  "This  matter  is  very  complicated,  and 
the  people  will  not  be  satisfied  unless  something  is  done  in 
regard  to  it  which  will  look  like  justice.  Now,  he  con 
tinued,  I  have  spoken  of  an  Electoral  Commission  and  the 
leaders  of  the  party  are  opposed  to  it,  which  I  am 
sorry  to  see.  They  say  if  an  Electoral  Commission  is  ap 
pointed  you  might  as  well  count  in  Mr.  Tilden.  I  would 
sooner  have  Tilden  than  the  republicans  should  have  a 
President  who  could  be  stigmatized  as  a  fraud.  If  I  were 
Mr.  Hayes  I  would  not  have  it,  unless  it  was  settled  in 
some  way  outside  the  Senate.  This  matter  is  opposed  by 
the  leading  republicans  in  the  House  and  the  Senate  and 
throughout  the  country." 

This  statement  by  Mr.  Childs  is  fully  corroborated  by 
other  gentlemen  who  were  cognizant  of  what  occurred  at 
the  National  Capital  during  that  period.  The  interview 
General  Grant  had  with  Mr.  Hewitt  caused  the  repub 
licans  great  uneasiness  and  desperate  attempts  were  made 
by  them  to  prejudice  the  mind  of  the  former  by  misrepre 
senting  the  latter.  The  fact  that  the  President  sent  for  a 
number  of  Republican  senators  to  ascertain  their  views  on 
the  subject  of  the  electoral  count,  as  Mr.  Childs  states  he 
did,  was  well  known  at  the  time  to  many  democrats  in 
Washington.  It  was  no  secret  to  those  well  informed  in 
regard  to  what  was  going  on  at  the  National  Capital 
that  Senator  Conkling  and  the  President  were  in  full  ac 
cord  and  that  the  advocates  of  the  ultra  Republican  pro 
gramme  accused  Mr.  Conkling  of  an  intention  of  betraying 
his  party.  He  was  in  a  very  large  measure  held  respon 
sible  for  the  policy  of  the  President.  So  firm  was  the  con- 


SENATOR    CONKLING.  29 

viction  that  Senator  Conkling  could  not  be  trusted  to  de 
cide  the  questions  of  fact  and  law  involved  in  the  electoral 
dispute  irrespective  of  the  evidence  and  the  truth,  that  the 
Republican  senatorial  caucus  refused  to  nominate  him  for 
one  of  the  members  of  the  Electoral  Commission.     This 
was  the  more  significant  because  Mr.  Conkling  was,  ac 
cording  to  Mr.  Childs,  the  senator  who,  at  the  request  of 
President  Grant,  undertook  to  carry  through  the  Senate 
the  Electoral  Commission  bill.     Mr.  Childs  says:  "Grant 
was  the  originator  of  the  plan.     He  sent  for  Mr.  Conkling, 
and  said  with  deep  earnestness:  'This  matter  is  a  serious 
one,  and  the  people  feel  it  deeply.     I  think  this  Electoral 
Commission  ought  to  be  appointed.'     Conkling  answered : 
<  Mr.  President,  Senator  Morton  is  opposed  to  it  and 
your  efforts:  but  if  you  wish  the  Commission  carried,  I  can 
do  it.'     He  said,  <  I  wish  it  done.' "     The  determination 
of  the  Republican  caucus  to  leave  Mr.  Conkling  off  the 
Commission  was  extraordinary  in  view  of  the  fact  that  he 
was  a  member  of  the  committee  that  framed  the  bill  and 
was  the  only  Republican  senator  on  the  committee  who 
was  omitted.     He  was  not  made  a  commissioner  because 
he  was  known  to  be  in  accord  with  President  Grant  and 
to  coincide  with  him  in  the  conviction  that  the  vote  of 
Louisiana  rightfully  belonged  to  Mr.  Tilden. 

It  is  to  be  accounted  for  that  notwithstanding  this  per 
sonal  conviction  that  Mr.  Tilden  was  entitled  to  the  elec 
tion  General  Grant  should  have  allowed  the  influence  of 
his  official  position  to  be  used  to  defeat  the  will  of  the 
people.  The  explanation  must  be  found  in  the  unbounded 
ascendency  which  he  allowed  those  whom  he  believed  to 
be  his  friends,  to  exercise  over  him.  Zachariah  Chandler, 
the  chairman  of  the  Republican  National  Committee  who 
was  the  inspirer  of  the  most  violent  acts  for  reversing  the 


30  A    POLITICAL    CRIME. 

true  result  of  the  election,  was  General  Grant's  Secretary 
of  the  Interior.  Mr.  Cameron  who  was  deeply  involved 
in  the  conspiracy  was  General  Grant's  Secretary  of  War, 
and  directed  the  military  movements  of  the  army  in  aid  of 
the  conspirators.  Mr.  Robeson  who  was  interested  in 
perpetuating  the  corrupt  system  by  which  he  became  so 
notorious,  was  General  Grant's  Secretary  of  the  Navy. 

These  men  carried  with  them  the  whole  mass  of  the 
Republican  party  adverse  to  the  opinion  of  the  President, 
while  the  parasites  who  surrounded  General  Grant  could 
not  endure  the  prospect  of  terminating  the  system  by 
which  they  were  fattening.  General  Grant's  personal 
convictions  were  smothered  under  the  overwhelming  in 
fluences  which  surrounded  him. 

It  might  seem  incredible  that  General  Grant  could  be 
so  enthralled  were  it  not  for  the  concurrent  testimony  of 
his  most  intimate  friends  and  supporters  which  is  contained 
in  the  eulogiums  and  reminiscences  published  since  his 
death.* 

That  General  Grant  was  susceptible  to  the  influences 
which  surrounded  him  is  the  concurrent  testimony  of  those 
who  knew  him  best.  His  acts  frequently  did  not  comport 

*  In  the  appendix  a  number  of  extracts  from  a  great  many  reminis 
cences  and  eulogiums  are  given  in  support  of  the  statements  made  in  the 
text  in  regard  to  the  influence  that  often  controlled  General  Grant.  The 
following  eminent  gentlemen  who  were  his  intimate  personal  and  political 
friends  are  quoted:  Mr.  George  W.  Childs,  Hon.  Hamilton  Fish,  Mr. 
Jesse  Sehgman,  Hon.  Chauncey  Depew,  Ex-Secretary  Robeson,  Hon. 
John  A.  Logan,  Surgeon-General  Gunnell  of  the  U.  S.  Navy,  and  the 
following  leading  Republican  newspapers,  the  New  York  Tribune,  the  New 
York  Independent,  the  New  York  Evening  Post,  the  Albany  Evening  Jour 
nal,  the  Philadelphia  Press,  the  Phila.  Ledger.  Mr.  George  W.  Childs 
says :  He  showed  a  great  tenacity  in  sticking  to  friends  longer  than  he 
ought  to  have  done.  *  One  of  his  expressions  was,  '  Never  desert  a 
friend  under  fire !'  "  Mr.  Jesse  Seligman  says  :  "  He  was  so  honest  himself 
that  he  took  the  word  of  those  about  him  as  fact  without  question."  Hon 
Chauncey  Depew  says  :  "  His  great  fault  as  President  *  *  *  was  his  selec 
tion  of  confidants  m  men."  Hon.  John  A.  Logan  says :  "  He  was  a  most 
confiding  man  *  *  such  confidence  *  *  *  being  the  cause  of  all  the 
serious  trouble  I  ever  knew  him  to  have." 


GRANT'S   WEAKNESS.  31 

with  that  innate  sense  of  justice  and  right  which  was  ordi 
narily  one  of  his  most  shining  characteristics.  This  yield 
ing  to  the  advice  of  those  who  had  his  confidence,  without 
thought  of  the  motives  which  might  actuate  them,  was 
his  conspicuous  weakness.  Those  he  liked  were  bound 
to  him  by  hooks  of  steel.  The  consequences  of  indiscnmi- 
nating  fidelity  are  often  disagreeable  and  not  infrequently 
disastrous.  General  Grant  was  fond  of  attention  and  not 
averse  to  flattery.  He  was  readily  responsive  to  the  ap 
proaches  of  rich  men.  He  had  been  very  poor  and  had 
borne  the  embarrassments  of  poverty  with  great  manliness, 
but  he  was  crushed,  broken  when  the  possibility  of  ending 
his  days  in  penury  actually  stared  him  in  the  face.  He 
was  a  devoted  husband  and  a  fond  father,  and  his  family 
was  always  first  in  his  thoughts.  His  was  not  the  metal  of 
the  elder  Brutus ! 

General  Grant  was  no  doubt  reluctant  to  disappoint 
his  political  friends.      They  exerted  great  influence  over 
him.      But  there  was  a  point  beyond  which  he  would  not 
go.     He  often  suffered  them  to  have  their  own  way  and 
frequently  to  very  nearly  compromise  his  personal  honor 
and  official  fame,  but  his  good  fortune  and  hard  common 
sense  generally  preserved  him  from  the  seemingly  inevita 
ble   catastrophe.        In   the  whisky   frauds  his  confidence 
was  shamefully  abused  by  those  who  owed  everything  to 
him,  and  his  blind  confidence  nearly  involved  him  in  their 
dishonor.      More    than   once   his   reputation   was   nearly 
smirched  by  his  apparently  unreasoning  faith  in  the  un 
scrupulous  members  of  the  District  of  Columbia  ring.     He 
would  scarcely  believe  Belknap  guilty  when  he  confessed 
and  begged  to  be  allowed  to  resign.       Grief  and  affection 
impelled  him  to  grant  a  dishonored  friend's  petition  with 
out  reflecting  that  thereby  he  shielded  him  from  the  right- 


32  A    POLITICAL    CRIME. 

eous  judgment  of  a  high  court  of  impeachment.  He 
clung  to  Attorney  General  Williams  despite  the  demands 
of  outraged  public  opinion  until  feminine  eccentricities 
forced  a  resignation  which  should  have  been  demanded 
long  previous.  His  confidence  in,  and  adherence  to, 
George  M.  Robeson  is  inexplicable  save  upon  the  un 
safe  rule,  "  never  to  desert  a  friend  under  fire,"  which  Mr. 
George  W.  Childs  says  was  one  of  his  favorite  expressions. 

The  belief  of  General  Grant  in  the  election  of  Mr. 
Tilden  and  his  conviction  that  the  electoral  votes  of 
Louisiana  should  have  been  given  to  him  by  the  Electoral 
Commission,  are  strangely  at  variance  with  his  approval  of 
the  extraordinary  partisan  conduct  of  Mr.  Cameron,  Sec 
retary  of  War,  in  ordering  troops  to  Florida  and  placing 
them  at  the  disposal  of  Governor  Stearns  to  be  used,  as 
they  notoriously  were,  to  assist  in  the  consummation  of 
the  grossest  frauds.  The  same  is  true  of  Cameron's  orders 
to  the  commanding  general  in  Louisiana.  But  when 
Grant's  dispatches  to  General  Sherman  are  analyzed  in  the 
succeeding  chapter,  it  will  be  seen  that  while  he  yielded  to 
the  solicitations  of  his  political  friends  and  was  willing  to 
go  very  far  in  the  employment  of  troops  for  political  pur 
poses,  he  was  reasonably  guarded  in  his  orders  to  the  gen 
eral  of  the  army. 

The  Republican  politicians  who  were  invited  to  go  to 
Louisiana  to  witness  the  count  of  votes  and  observe  the 
conduct  of  the  Returning  Board,  did  not  observe  his 
injunction  "  to  see  that  the  board  of  canvassers  make  a 
fair  count  of  the  votes  actually  cast."  He  did  not  rebuke 
their  partisan  and  dishonest  course.  On  the  contrary, 
he  seemingly  approved  the  report  they  made  justifying 
the  outrageous  and  indefensible  action  of  the  Returning 
Board  by  transmitting  it  to  the  Senate.  But  was  this 


INCONSISTENCIES.  33 

an  approval  of  the  report  or  an  endorsement  of  the  conduct 
of  its  authors  ?  The  report  and  the  accompanying  ex-parte 
statements  make  a  printed  volume  of  several  hundred 
pages.  Did  he  read  this  mass  of  manuscript  ?  Did  he  not 
consider  himself  merely  the  medium  through  whom  it  was 
to  be  transmitted  to  Congress  ?  That  body  was  in  his 
judgment  not  only  competent  but  bound  to  pass  upon  the 
evidence  affecting  the  matters  in  dispute.  The  Executive 
was  without  any  other  power  in  the  premises  than  moral 
influence  and  the  weight  of  his  great  office. 

General  Grant  specially  requested  W.  E.  Chandler  to 
remain  in  Florida  until  the  canvass  was  completed  by  the 
state  canvassing  board,  and  he  did  not  publicly  commend 
Francis  C.  Barlow  of  New  York,  the  one  solitary  "  visiting 
statesman  "  who  conscientiously  endeavored  to  act  upon 
the  instructions  of  the  President  "  to  see  that  the  board  of 
canvassers  make  a  fair  count  of  the  votes  actually  cast." 
The  manly,  honest  report  Mr.  Barlow  made  to  the  Presi 
dent,  giving  it  as  his  deliberate  judgment  that  Mr.  Tilden 
was  entitled  to  the  electoral  votes  of  Florida,  was  not  sent  to 
the  Senate  as  was  that  submitted  by  John  Sherman  and  his 
colleagues  in  justification  of  the  monstrous  Louisiana  frauds. 

The  ordering  of  a  large  military  force  to  Washington 
before  the  meeting  of  Congress,  in  December  1876,  was 
denounced  at  the  time  by  democrats  and  was  doubtless 
believed  by  them  to  be  an  attempt  to  overawe  and  intim 
idate  the  representatives  of  the  people.  That  this  concen 
tration  of  troops  at  the  Federal  capital  had  this  effect  is 
true.  But  the  representatives  of  the  people  ought  to  have 
been  made  of  sterner  stuff,  and  in  the  language  of  that 
grand  old  patriot,  Judge  Black,  ought  not  to  have  betrayed 
the  rights  of  their  constituents  until  the  Federal  soldiers 
actually  made  their  appearance  in  hostile  array  at  the  door 

3 


34  A    POLITICAL    CRIME. 

of  the  Hall  of  Representatives.  Their  ancestors  in  1800 
were  not  awed  or  intimidated  by  the  threats  or  the  prepara 
tions  made  by  the  federalists  to  defeat  the  election  of 
Jefferson.  The  timidity,  the  base  cowardice,  of  many 
Democratic  members  of  Congress  in  1876  was  exhibited 
by  their  silly  twaddle,  their  trembling  expressions  of  fear 
about  Grant  arresting  and  incarcerating  them  at  Fortress 
Monroe. 

It  is  not  my  purpose  to  defend  or  to  impeach  the  con 
duct  of  General  Grant.  His  acts  must  speak  for  them 
selves.  He  was  a  silent  and  patient  man,  but  to  those  in 
whom  he  had  the  most  confidence  he  confided  his  convic 
tions  in  regard  to  the  fraud  of  1876,  and  they  have  spoken. 
So  far  as  Mr  Childs  is  concerned  it  was  not  his  fault  that 
his  statement  was  not  published  until  after  General  Grant's 
death.  It  was  prepared  several  weeks  before  General 
Grant  died,  with  the  expectation  that  it  would  be  made 
public  immediately. 

The  zeal  of  General  Grant's  friends  to  relieve  his 
memory  of  the  odium  of  participation  in  the  Great  Fraud 
is  commendable.  It  is  another  evidence  of  the  fact  that 
connection  with  that  monstrous  crime,  whether  direct  or 
indirect,  has  proved  a  veritable  shirt  of  Nessus  to  all  par 
ticipants.  A  justice  of  the  Supreme  Court  four  days  after 
being  a  party  to  the  rendition  of  a  partisan  and  unjust  de 
cision  of  the  Electoral  Commission  in  the  Louisiana  case 
was  impelled,  it  is  to  be  hoped  by  a  troubled  conscience, 
to  write  to  a  friend  and  express  his  regret  that  he  could 
not  see  his  way  clear  to  decide  so  as  "  to  cure  what  I  fear 
was  a  great  wrong  of  the  Louisiana  Returning  Board."* 

While  Senator  Morton  maintained  that  the  President 

"See  letter  of  Justice  W.  Strong  to  Geo.  W.  Jones,  M c Knight' s  Elec 
toral  System  of  the  United  States,  p.  108. 


THE    ELECTORAL    COMMISSION.  35 

of  the  Senate  was  the  sole  repository  of  judicial  functions 
in  counting  the  electoral  votes,  Mr.  Conkling  and  a  few 
other  Republican  senators  in  accordance  with  General 
Grant's  wishes,  insisted,  as.  Morton  had  the  year  before, 
that  the  two  Houses  of  Congress  must  determine  whatever 
disputes  might  arise  in  the  progress  of  the  count.  A  select 
committee  of  seven  was  created  by  a  resolution  of  the 
House  of  Representatives  to  act  in  conjunction  with  any 
similar  committee  appointed  by  the  Senate,  to  prepare  and 
report  without  delay  a  measure  for  the  removal  of  differ 
ences  of  opinion  as  to  the  proper  mode  of  counting  the 
electoral  votes  for  President  and  Vice- President  of  the 
United  States  and  as  to  the  manner  of  determining 
questions  which  might  arise  as  to  the  legality  and  validity 
of  the  returns  of  such  votes  made  by  the  several  states, 
to  the  end  that  the  votes  should  be  counted  and  the  result 
declared,  "  by  a  tribunal  whose  authority  none  can  question 
and  whose  decision  all  will  accept  as  final."  This  resolution 
was  adopted  on  December  14,  1876,  and  on  the  i8th  the 
Senate  responded  by  creating  a  select  committee  composed 
of  seven  senators  with  power  "  to  prepare  and  report, 
without  unnecessary  delay,  such  a  measure,  either  of  a 
legislative  or  other  character,  as  may,  in  their  judgment, 
be  best  calculated  to  accomplish  the  lawful  counting  of 
the  electoral  votes  and  best  disposition  of  all  questions 
connected  therewith,  and  the  true  declaration  of  the  re 
sult,"  and  also  with  power  "to  confer  and  act  with  the 
committee  of  the  House  of  Representatives."* 

The  committee  thus  provided  for  were  on  the  part  of  the 
House,  Henry  B.  Payne,  of  Ohio,  Eppa  Hunton,  of  Vir 
ginia,  Abram  S.  Hewitt,  of  New  York,  William  M.  Sprin 
ger,  of  Illinois,  George  W.  McCreary,  of  Iowa,  George  F. 
*  Count  of  Electoral  Votes,  p.  3 


36  A    POLITICAL    CRIME. 

Hoar,  of  Massachusetts,  and  George  Williard,  of  Michigan  ; 
and  on  the  part  of  the  Senate,  George  F.  Edmunds,  of  Ver 
mont,  Oliver  P.  Morton,  of  Indiana,  Frederick  T.  Freling- 
huysen,  of  New  Jersey,  Roscoe  Conkling,  of  New  York, 
Allen  G.  Thurman,  of  Ohio,  Thomas  F.  Bayard,  of  Dela 
ware,  and  Matt.  W.  Ransom,  of  North  Carolina. 

The  House  committee  having  the  initiative,  it  would 
naturally  be  presumed  had  a  well-defined  programme  in 
view  and  a  thoroughly  digested  and  prepared  measure 
ready.  But  this  was  not  the  case.  The  committee  met, 
organized,  and  appointed  a  sub-committee,  with  William 
M.  Springer  as  chairman,  to  prepare  a  history  of  Electoral 
Counts,  a  work  which  had  already  been  performed  and 
published  by  private  enterprise.  Weeks  were  dawdled 
away  in  this  work  of  supererogation,  and  the  only  draft  of  a 
bill,  which  has  survived,  was  one  submitted  by  George  W. 
McCreary,  of  Iowa,  a  republican,  and  which,  singularly 
enough,  provided,  in  express  terms,  that  the  commission 
created  by  it  should  go  behind  the  returns,  and  examine 
into,  and  decide  upon,  the  legality  and  rightfulness  of  the 
disputed  electoral  certificates. 

In  the  meantime  the  Senate  committee  was  at  work, 
but  there  was  no  concert  or  consultation  between,  or  among, 
the  Democratic  members  of  the  two  committees.  There 
was  absolutely  no  advice  or  consultation  with  the  president 
elect.  A  full  month  elapsed  before  the  result  of  the  House 
committee's  deliberations  was  reached  which  was  an  informal 
agreement  on  the  McCreary  bill.  It  was  not  till  January 
13,  1877,  that  this  inchoate  measure  was  submitted  to  Mr, 
Tilden.  Meanwhile  the  Senate  committee  had  reached  a 
conclusion,  a  Republican  minority  disagreeing,  the  Demo 
cratic  senators,  and  Senators  Edmunds  and  Conkling,  uni 
ting  upon  a  measure  drafted  by  Mr.  Edmunds  which  was  a 


DEMOCRATS    BETRAYED.  37 

revised  edition  of  the  bill  of  1800,  emasculated  of  its  good 
provisions,  and  with  all  of  its  bad  features  retained  and  some 
new  ones  added.  The  Democratic  senators  who  had  given 
their  assent  to  this  revamped  Federal  device  of  1800  not 
only  had  not  taken  into  their  confidence  their  fellow-demo 
crats  on  the  House  committee,  but  they  had  refused  to 
even  hint  to  senatorial  colleagues  of  the  same  political 
faith  what  the  outcome  of  their  deliberations  was  likely  to 

be! 

When  the  Senate  committee  had  agreed  upon 
measure,  which  suited  two  republicans  and  three  democrats, 
the  House  committee  was  invited  to  a  conference.  The 
joint  meeting  was  held,  and  upon  the  democrats  of  the 
House  committee  objecting  to  the  Senate  committee's  bill, 
the  Democratic  senators  coolly  informed  them  that  they  were 
irrevocably  committed  thereto  and  would  stand  by  it.  One 
provision  they  and  their  Republican  colleagues  subsequently 
consented  to  abandon,  namely  that  which  left  the  selection 
of  the  determining  vote  of  the  Commission  to  lot. 

To  contrast  the  Democratic  leaders  in  the  Congress  of 
1800  with  those  of  1876  would  not  be  fair.  Intellectually  the 
latter  were  not  comparable  to  the  former.  They  lacked,  also, 
the  convictions,  the  courage,  the  experience,  and  above  all 
the  disinterestedness,  of  their  great  predecessors.     The  ap 
pointment  of  the  committee  of  December  14,  1876,  by  the 
House  of  Representatives  was  a  mistake.     The  proposition 
embodied  in  the  resolution  of  that  date  to  create  «  a  tribunal 
whose  authority  none  can  question  and  whose  decision  all 
will  accept  as  final"  was  an  absurdity,  as  well  as  an  impos 
sibility.    The  Democratic  majority  in  the  House  of  Repre 
sentatives  ought  to  have  taken  its  stand  upon  the  Constitu 
tion  and  maintained  its  position  at  all  hazards.     Later  it 
constituted  a  committee  on  the  powers  and  privileges  of  the 


38  A    POLITICAL    CRIME. 

House  of  Representatives  in  counting  the  electoral  votes. 
It  is  a  woful  pity  that  this  was  not  done  earlier.  That 
committee,  on  January  12,  1877,  reported  resolutions  af 
firmative  of  the  coequal  powers  of  the  House  of  Representa 
tives  in  the  counting  of  the  electoral  votes  and  denying  the 
proposed  assumption  of  power  by  the  President  of  the  Sen 
ate  to  determine  in  regard  to  disputed  returns,  and  to  count 
the  votes  as  he  saw  proper.  Here  was  a  modest  and 
moderate  declaration  of  constitutional  powers  and  rights  on 
the  part  of  the  House  and  the  issue  should  have  been 
forced.  But  before  these  resolutions  could,  under  the  rules 
of  the  House,  be  called  up  for  debate,  and  the  great  battle 
for  the  right  begun,  the  Senate  and  House  committees 
agreed  upon  the  Electoral  Commission. 

The  strangest  thing,  probably,  that  ever  occurred  in  po 
litical  history  was  the  acceptance  by  Democratic  senators 
and  Representatives  of  the  rehabilitated  Federal  device  of 
1800  to  count  out  the  candidates  the  people  had  selected 
and  to  count  in  the  ones  the  people  had  repudiated.  It  was 
an  exhibition  of  moral  cowardice,  of  political  degeneracy, 
and  ignorance  of  the  history  of  American  politics,  which 
ought  to  cause  every  intelligent  and  self-respecting  demo 
crat  to  hang  his  head  in  shame!  The  Electoral-commission 
bill,  modelled  on  the  one  of  1800  by  Senator  Edmunds,  did 
not  provide,  as  that  one  did,  that  the  constitutional  qualifi 
cations  of  the  electors  for  President  and  Vice- President 
should  be  inquired  into,  examined,  decided,  and  reported 
upon.  The  reason  for  this  departure  from  the  original 
model  will  appear  hereafter.*  Instead  of  the  Chief  Justice 
being  selected  as  a  presiding  officer  with  a  casting  vote  as 
in  the  bill  of  1800  four  associate  justices  were  taken,  two 
democrats  and  two  republicans,  who  were  to  select  a  fifth. 
*  See  post  decisions  of  Electoral  Commission  on  eligibility  of  Electors. 


THE   FLORIDA    CASE.  39 

The  bait  held  out  to  the  Democratic  gudgeons  was  the. 
possibility  of  Justice  Davis  being  selected  as  the  fifth  judge.. 
Their  Republican  adversaries  were  far  better  informed  than, 
they  in  regard  to  the  character  of  Judge  Davis.     Under  no 
possible  circumstances  could  he  have  been  induced  to  ac 
cept.     A    more   honest,    upright,    and    conscientious   man 
never  lived  and  one  more  averse  to  assuming  political  re 
sponsibility.      It  was  a  constitutional  characteristic.      On 
the  bench  he  always  sought  to  evade  a  square  decision  if  a 
political    question    was    involved,    and    an    opportunity  to. 
dodge  the  main    issue  was  invariably  embraced   by  him. 
Happily  for  Judge  Davis,  and  greatly  to  the  chagrin  of  the 
democrats,  just  as  the  Electoral-commission  bill  became  a 
law   enough  so-called  independent  republicans  in  the  Illi 
nois  legislature  joined  with  the  Democratic  members  thereof 
to  elect  him  to  the  United  States  Senate.     This  furnished 
Judge  Davis  the  excuse,  he  was  longing  for,  to  decline  the 
proffered  place  on  the  Electoral  Commission.     Mr.  Justice 
Bradley  was  selected  as  the  fifth  judge. 

The  Florida  case  was  the  first  to  be  referred  to  the 
Electoral  Commission,  the  law  providing  that  the  certifi 
cates  of  the  electoral  votes  should  be  canvassed  in  the  al 
phabetical  order  of  the  states.  There  were  two  important 
questions  involved  in  this  case:  first,  the  honesty,  the  right- 
fulness  and  the  legality  of  the  action  of  the  Returning 
Board  in  returning  as  duly  chosen,  and  the  governor  in  cer 
tifying  the  appointment  of  the  Republican  electors  for  that 
state;  and,  second,  as  to  whether,  Frederick  C.  Hum 
phreys  one  of  the  electors,  so  returned  and  certified,  was, 
under  the  Constitution,  eligible,  he  being  a  Federal  office 
holder  at  the  time  and  disqualified  by  Article  11,  Sec.  i, 
Paragraph  2,  which  says,  that  no  "person  holding  an  office 
of  trust  or  profit  under  the  United  States,  shall  be  appointed 


40  A    POLITICAL    CRIME. 

an  elector."  The  Commission  avoided  the  first  issue  by 
deciding  eight  to  seven  "that  it  is  not  competent  under 
the  Constitution  and  the  law,  as  it  existed  at  the  date  of  the 
passage  of  said  act,  to  go  into  evidence  aliunde  the  papers 
opened  by  the  President  of  the  Senate  in  the  presence  of 
the  two  Houses  to  prove  that  other  persons  than  those 
regularly  certified  to  by  the  Governor  of  the  State  of  Florida, 
in  and  according  to  the  determination  and  declaration  of 
their  appointment  by  the  board  of  state  canvassers  of  said 
state  prior  to  the  time  required  for  the  performance  of  their 
duties,  had  been  appointed  electors,  or  by  counter  proof  to 
show  that  they  had  not,  and  that  all  proceedings  of  the 
courts  or  acts  of  the  legislature  or  of  the  executive  of 
Florida  subsequent  to  the  casting  of  the  votes  of  the  electors 
on  the  prescribed  day,  are  inadmissable  for  any  such  pur 


pose  "* 


Now  witness  the  self-stultification  of  the  Commission  in 
its  next  solemn  utterance  ! 

"As  to  the  objection  made  to  the  eligibility  of  Mr. 
Humphreys,  the  Commission  is  of  the  opinion  that,  without 
reference  to  the  question  of  the  effect  of  the  vote  of  an  in 
eligible  elector,  the  evidence  does  not  show  that  he  held  the 
office  of  shipping-commissioner  on  the  day  when  the  elec 
tors  were  appointed."* 

First,  they  decide  that  it  is  not  competent  for  them  "  to 
go  into  evidence  aliunde  the  papers  opened  by  the  Presi 
dent  of  the  Senate  in  the  presence  of  the  two  Houses,"  that 
is  to  say  the  certificates  of  the  electors:  and  second,  they 
admit  that  they  did  go  into  evidence  aliunde  the  certifi 
cates  to  prove  that  Mr.  Humphreys  was  not  ineligible!  Was 
there  ever  a  more  monstrous  perversion  of  justice  self-con 
fessed  by  a  tribunal  of  eminent  and  would-be  respectable 

*  Electoral  Count,  p.  196. 


THE   LOUISIANA   CASE.  41 

judges,  senators,  and  representatives,  sworn  on  the  Holy 
Evangelists  to  "  impartially  examine  and  consider  all  ques 
tions  submitted,  .  .  .  and  a  true  judgment  give  thereon, 
agreeably  to  the  Constitution  and  the  laws  !" 

3  Again,  notice  that  they  leave  undecided  in  the  case  of 
Humphreys  «  the  question  of  the  effect  of  the  vote  of  an 
ineligible  elector."     That  is  to  say  at  that  time  they  had  not 
made  up  their  minds  whether  the  exact  unqualified  language 
of  the  Constitution  of  the  United  States  prohibiting  the  ap 
pointment  of  a  "person  holding  an  office  of  trust  or  profit 
under  the  United  States  "  was  a  bar  to  counting  an  electoral 
vote  or  not.     In  the  case  of  Humphreys  they  had  admitted 
proof  aliunde  the  certificate  to  show  that  he  was    fit,  but  it 
was  probable  that  there  might  be  some  other  cases  where 
the  electors  might  be  proved  to  be  ineligible  and,  therefore, 
they  reserved  their  judgment.     It  required  every  vote  to 
which  the  democrats,  on  the  face  of  the  papers,  did  not 
have  an  incontestable  right,  to   elect  Hayes  and  Wheeler, 
and  as  they  had  undertaken   the  job  of  counting  them  in 
they  did  not  mean  to  allow  a  constitutional  prohibition  to 
stand  in  the  way  of  accomplishing  their  undertaking. 

When  the  Louisiana  case  was  reached  the  partisan  ma 
jority  of  the  Commission  had  come  to  the  conclusion  that 
they  could  not  apply  the  same  principles  laid  down  in  the 
Florida  case.  Accordingly,  they  held  «  that  it  is  not  com 
petent  to  prove  that  any  of  said  persons  so  appointed  elec 
tors  as  aforesaid  held  an  office  of  trust  or  profit  under  the 
United  States  at  the  time  when  they  were  appointed,  or  that 
they  were  ineligible  under  the  laws  of  the  state,  or  any 
other  matter  offered  to  be  proved  aliunde  the  said  certificate 
and  papers."* 


Electoral  Count,  p.  422- 


42  A    POLITICAL    CRIME. 

In  this  case  they  endeavored  to  be  consistent  and  were 
bold  enough  to  decide  that  it  did  not  matter  whether  an 
elector  was  disqualified  by  the  Constitution  of  the  United 
States  or  that  of  the  State  of  Louisiana,  his  vote  must  be 
counted  anyhow. 

Let  us  examine  briefly  this  decision  as  to  eligibility 
of  electors.  The  Constitution  of  the  United  States  con 
cedes  to  the  states  representatives  in  the  electoral  college 
equal  to  the  number  of  their  senators  and  representatives  in 
Congress.  But  at  the  same  time  it  absolutely  prohibits  the 
appointment  by  the  state  of  senators  and  representatives 
or  other  persons  holding  offices  of  trust  or  profit  under  the 
United  States.  The  object  of  this  prohibition  is  apparent. 
It  was  to  preserve  "  the  purity  and  freedom  "  of  the  elec 
toral  college  from  any  possible  contamination  from  the 
presence  of  Federal  office-holders  who  might  be  influenced 
by  their  positions  under  the  general  government.  More 
over,  as  the  fact  of  the  holding  of  offices  of  profit  or  trust 
under  the  United  States  must  be  notorious  there  was  no 
necessity  of  proving  that  persons  held  them.  The  Congress 
of  the  United  States  is  as  much  bound  to  take  notice  of  the 
fact  of  the  appointment  of  persons  to  office  in  a  case  of  this 
kind  as  it  would  be  to  take  notice  that  George  F.  Edmunds 
was  a  Senator  of  the  United  States  or  Joseph  Bradley  an 
associate  Justice  of  the  Supreme  Court  of  the  United  States. 
The  people  of  a  state  might  elect,  and  the  executive  author 
ity  certify  the  election  of  a  person  who  held  an  office  of 
trust  or  profit  under  the  United  States  ignorant.ly,  but, 
nevertheless,  that  person  so  elected  and  certified,  being  dis 
qualified,  the  state  must  inevitably  forfeit  that  electoral  vote. 
The  proposition  is  plain  and  simple.  The  prohibition  would 
not  have  been  inserted  in  the  Constitution  if  the  framers 
thereof  had  not  intended  it  to  be  absolute.  They  did  not 


INELIGIBLE   ELECTORS.  43 

insert  meaningless  or  superfluous  words  in  that  instrument, 
much  less  whole  phrases. 

Two  of  the  electors  returned  by  the  Returning  Board  as 
chosen  were  disqualified  by  the  Constitution  of  the  United 
States  A   B.  Levissee  and  O.  H.  Brewster,  the  one  being 
United  States  Commissioner  and  the  other  Surveyor  General 
of  the  United  States  Land  Office  for  the  State  of  Louisi 
ana       They   resigned   their   offices  temporarily,   absents 
themselves  for  a  short  time  from  the  meeting  of  the  electors 
and  were  substituted  for  themselves  by  their  colleagues,  and 
then  appeared,  took  part  in  the  proceedings,  and  voted  for 
Hayes    and  Wheeler.     O.   H.   Brewster  was  immediately 
thereafter  reappointed  Surveyor  General,  and  Levissee  reas- 
sumed  the  functions  of  United  States  Commissioner, 
clear,  therefore,  that  the  disqualifications  of  these  men  could 
not  be  removed  by  their  farce  of  resigning  the  Federal  offices 
they  held  *  The  question  was  raised  before  the  Commission 
that  electors  for   President  and  Vice-President,  being  ap 
pointed  by  the  states,  might  be  held  to  be  state  officers      U 
they  were,  then  four  more  of  the  men,  returned  by  the  Re 
turning  Board  as  electors,  were  disqualified  under  the  con 
stitution   of   Louisiana,   which  provides,   that  "no  person 
shall  at  the  same  time  hold  more  than  one  office."    Kellogg 
was  de  facto  governor  of  the  state,  Peter  Josephs,  J.  Henri 
Burch,  and  Morris  Marks  were  also  officers  of  the  state. 

*  During  the  count  of  the  electoral  votes  in  1837  the  question i  of  the 
would  not  entitle  him  to  vote  as  elector,  under  the  Constitution, 


44  A    POLITICAL    CRIME. 

The  Commission  also  decided  "  that  the  returning-offi- 
cers  of  elections  who  canvassed  the  votes  at  the  election  for 
electors  in  Louisiana  were  a  legally  constituted  body,  by 
virtue  of  a  constitutional  law,  and  that  a  vacancy  in  said 
body  did  not  vitiate  its  proceedings."  The  constitution  of 
Louisiana  article  48  prescribes  who  the  returning-officers  of 
elections  shall  be — to  wit:  the  officers  of  elections  at  the 
different  polling  places  throughout  the  state.  Senator  Ed 
munds  on  the  1 6th  of  March,  1875,  declared  in  the  Senate 
in  unequivocal  language  that  the  election  law  creating  the 
Returning  Board  was  in  conflict  with  the  constitution  of  the 
state.  And  yet  Mr.  Commissioner  Edmunds  on  February 
16,  1876,  voted  that  the  election  law  of  Louisiana  creating 
the  Returning  Board  was  not  in  conflict  with  the  constitu 
tion  of  that  state.  Representative  George  F.  Hoar  made  a 
report  to  the  House  of  Representatives  in  1875  in  which  he 
used  the  following  language  in  regard  to  the  Louisiana  Re 
turning  Board's  conduct  in  the  election  of  1874  —  "  we  are 
all  clearly  of  the  opinion  that  the  Returning  Board  had  no 
right  to  do  anything  except  to  canvass  and  compile  the  re 
turns  which  were  lawfully  made  to  them  by  the  local  offi 
cers,  except  in  cases  where  they  were  accompanied  by  the 
certificates  of  the  supervisor  or  commissioner  provided  in 
the  third  section.*  Hereafter  it  will  be  shown  how  much 
more  grossly  the  Returning  Board  violated  the  law  in  1876 
than  in  1874,  and  yet  Mr.  Commissioner  Hoar  voted  Feb 
ruary  1 6,  1876,  that  the  presidential  electors  returned  as 
elected  by  that  Returning  Board  must  be  accepted  as  legally 
elected. 

When  the  Oregon  case  came  before  the  Electoral  Com 
mission  the  Republican  majority  had  to  reverse  themselves 
again  and  make  law  to  suit  the  necessity  of  the  occasion. 
*  H.  R.  Mis.  Doc.  No.  261  43d  Cong,  and  Sess.  p.  21. 


THE   OREGON    CASE.  45 

It  has  been  seen  that  in  the  Florida  case  the  Commission 
decided  that   it  was  not  competent  to  go  into  evidence 
allunde  the  certificates  although  they  had  gone  into  ev.dence 
to  show  that  Frederick  C.  Humphreys,  a  Republican  elector 
at  the  time  of  his  appointment,  did  not  hold  an  offi. 
trust  or  profit  under  the  United  States.     And,  again,  that  m 
the  Louisiana  case  they  had  held  that  it  was  not  necessary 
to  prove  that  an  elector  did  not  hold  an  office  of  trust  or 
profit  under  the  United  States,  and  that  the  vote  of  an  in 
eligible  elector  must  be  counted  the  Constitution  of  the 
United  States  to  the  contrary  notwithstanding.     It  would 
seem  at  first  glance  that  these  diverse  rulings  ought  to  have 
been  sufficient  to  cover  the  Oregon  case.     They  were  not, 
because,  it  was  necessary,  in  order  to  bring .  u, .the  Florida 
and  Louisiana  electoral  votes  for  Hayes  and  Wheeler,  that 
the  Commission  should  hold  that  the  persons  "regularly  cer 
tified  to  by  the  governor  of  the  state,  and  according  to  the 
determination  of  their  appointment  by  the  returning  off 
cers  "  were  the  legal  electors*     And  if  this  ruling  was  ad 
hered  to  in  the  Oregon  case  it  would  compel  the  counting 
of  one  electoral  vote  of  that  state  for  Tilden  and  Hendricks 
which  would  give  them  the  requisite   185  votes  and  make 
them  President  and  Vice-President  of  the  United  States 

The  returning  officers  of  Oregon  were,  under  the  law,  the 
Secretary  of  State  and  the  Governor.  J.  W.  Watts,  one  of 
the  Republican  candidates  for  presidential  elector,  was  a 
postmaster  at  the  time  of  his  election  and  therefore  disquali 
fied  under  the  Constitution  of  the  United  States.  The  Sec 
retary  of  State  held  that  a  disqualified  person  could  not  be 
chosen  to  an  office,  and  therefore  certified  that  his  opponent, 
who  had  received  a  less  number  of  votes,  was  elected.  The 
Governor  coincided  and  the  certificate  of  election,  or  appoint- 
*  Electoral  Count,  p.  422. 


46  A    POLITICAL    CRIME. 

ment,  was  given  to  E.  A.  Cronin,  a  Tilden  elector.  Cronin 
gave  his  vote  for  Tilden  and  Hendricks  in  due  form  and  for 
warded  one  copy  of  his  certificate  to  that  fact  to  the  President 
of  the  Senate,  deposited  another  with  the  judge  of  the  United 
States  district  court,  and  carried  the  third  to  Washington 
and  delivered  it  to  the  President  of  the  Senate.  He  had 
needlessly  gone  through  the  form  of  organizing  an  electoral 
college  which  neither  the  Constitution  nor  the  laws  of  the 
United  States  require,  and  for  that  purpose  had  appointed 
two  persons  to  act  with  him.  Nevertheless,  his  vote  for 
Samuel  J.  Tilden,  for  President,  and  for  Thomas  A.  Hen 
dricks,  for  Vice- President,  was  regularly  before  the  two 
Houses  of  Congress  and  was,  according  to  the  decision  of 
the  Commission  in  the  Florida  and  Louisiana  cases, 
a  legal  vote  and  should  have  been  so  determined  and 
counted.* 

But  the  Commission  found  a  way  out  of  the  dilemma  by 
deciding  "  that  the  secretary  of  state  did  canvass  the  returns 
in  the  case  before  us,  and  thereby  ascertained  that  J.  C. 
Cartwright,  W.  H.  Odell,  and  J.  W.  Watts  had  a  majority 
of  all  the  votes  given  for  electors,  and  had  the  highest  num 
ber  of  votes  for  that  office,  and  by  the  express  language  of 
the  statute  those  persons  are  '  deemed  elected.'  "  And  they 
further  held  "  that  the  refusal  or  failure  of  the  Governor  of 
Oregon  to  sign  the  certificate  of  the  election  of  the  persons 

•  "  By  the  statute  of  Oregon,  the  process  of  appointing  an  elector  is  a 
series  of  steps,  from  the  ballot-box  up  to  the  certification  by  the  Governor  and 
Secretary  of  State ;  these  steps  are  specifically  described,  and  there  is  no 
*C*  Pnor  to  the  last>  at  which  the  appointment  is  declared  to  be  complete. 
In  judging  such  a  case  the  Commission  precluded  themselves  from 
any  interference  with  such  a  lawfully-appointed  elector  by  their  acceptance 
)t  the  fraudulent  returns  of  the  Louisiana  returning  officers,  and  by  their 
decision  in  the  Louisiana  case,  above  quoted  that  '  it  is  not  competent  to 
prove  that  other  persons  than  those  regularly  certified  to  by  the  governor 
ot  the  state,  and  according  to  the  determination  of  their  appointment^ the 
returning  officers  for  elections,  were  appointed  electors.'  " 

McKnights  Electoral  System  of  the  United  States,  pp.  106-7. 


THREE    FALSEHOODS.  47 

so  elected  does  not  have  the  effect  of  defeating  their  ap 
pointment  as  such  electors."* 

In  making  this  decision  the  Commission  suppressed 
facts,  misstated  the  law  of  Oregon,  and  were  guilty  sugges- 
tionis  falsi.  They  failed  to  state  that  the  secretary  of  state 
certified  to  the  governor  that  E.  A.  Cronin  had  been  elected 
and  that  J.  W.  Watts  had  not ;  they  misquoted  the  law  by 
not  stating  that  the  secretary  of  state  and  the  governor  con 
stitute  the  returning  officers  and  they  had  held,  in  the  Louisi 
ana  case,  that  an  elector  is  not  appointed  in  the  language 
of  the  Constitution  until  he  has  received  the  certificate  of 
the  governor  "  according  to  the  determination  of . . .  appoint 
ment  by  the  returning  officers."  They  suggested  a  false 
hood  by  so  wording  their  decision  as  to  leave  the  impression 
that  the  secretary  of  state  had  certified  to  the  governor  that 
Watts  was  elected. 

Notwithstanding  the  rule  laid  down  by  the  Commission 
that  evidence  aliunde  the  certificates  was  not  competent,  the 
evidence  of  the  Postmaster- General  was  taken  to  show  that 
Watts  had  resigned  his  place  as  postmaster. 

If  receiving  "  the  highest  number  of  votes  "  was,  as  the 
Commission  held  in  this  case,  evidence  that  the  electors 
were  to  be  "  deemed  elected  "  how  about  the  Democratic 
electors  of  Florida  and  Louisiana  ?  The  former  had  a  clear 
majority  of  91  over  their  opponents,  and  the  latter  nearly 
8000  majority !  But  is  it  not  needless  to  indicate  further 
the  inconsistencies,  the  perversions  of  law,  and  the  self-con 
fessed  stultifications  of  the  partisan  majority  of  the  Electoral 
Commission  ?  There  were  in  all  nine  Republican  electors 
who  were  disqualified  by  the  Constitution  of  the  United 
States — they  being  Federal  office-holders.  In  only  the  cases 
of  Florida,  Louisiana,  and  Oregon  could  the  question  of 
*  Electoral  Count,  p.  640. 


48  A    POLITICAL    CRIME. 

the  eligibility  be  brought  before  the  Commission  and  in  each 
the  decision  was  radically  different.* 

Let  us  now  turn  to  the  preliminary  scenes  in  this  drama 
of  fraud  and  follow  step  by  step  the  conspiracy  to  nullify 
the  will  of  the  people  which  resulted  in  the  crime  of  the 
Century. 


*  Three  of  the  Republican  members  of  the  Electoral  Commission 
were  constrained  by  public  opinion  to  make  at  different  times  a  defense  of 
the  extraordinary  decisions  of  the  partisan  majority.  Mr.  Justice  Strong 
frankly  admitted  that  he  feared  that  a  great  wrong 'had  been  done  in  the 
Louisiana  case.  Mr.  Justice  Bradley  claimed  that  he  had  serious  doubts  in 
the  Florida  case  and  asserted  that  he  wrote  and  rewrote  several  opinions. 
He,  however,  came  to  the  conclusion  that  the  act  of  a  sovereign  state  ex 
pressed  through  the  regularly  constituted  authorities  thereof  having  juris 
diction  of  the  matter  could  not  be  inquired  into  by  Congress  or  in  other 
words  that  evidence  alluude  the  governor's  certificate  could  not  be  taken  by 
the  Electoral  Commission  which  merely  exercised  such  powers  as  the  two 
Houses  of  Congress  possessed.  Mr.  Commissioner  Hoar  based  his  defense 
upon  the  same  grounds  and  insisted  that  the  determination  of  the  Commis 
sion  maintained  the  sovereignty  of  the  states  in  its  true  consitutional  sense, 
and  claimed  that  this  assertion  and  maintenance  of  state  rights  would 
stand  as  a  bulwark  against  the  natural  tendency  toward  centralization  of 
power  in  Congress.  But  it  is  noteworthy  that  not  one  of  the  Republican 
members  of  the  Commission  have  attempted  to  explain  and  reconcile  the 
manifest  inconsistencies  of  the  different  rulings  of  that  body.  It  is  also 
worthy  of  note  that  no  defense  of  the  rightfulness  of  the  decisions  has  been 
attempted.  The  justifications  which  have  been  essayed  are  based  upon 
purely  technical  grounds.  The  fact  that  three  of  the  majority  have  been 
constrained  to  attempt  a  defense  of  their  conduct  shows  that  they  recognize 
the  rightfulness  of  the  popular  condemnation  of  their  acts.  Mr.  Justice 
Miller  admitted  with  Mr.  fustice  Strong  that  the  ballots  in  the  boxes  in 
Louisiana  elected  the  Tilden  electors,  but  he  did  not  go  so  far  as  his  col 
league  did  and  concede  the  probable  commission  of  a  great  wrong  by  the 
Returning  Board  in  counting  in  the  Hayes  electors. 

The  Republican  leaders  being  compelled  to  accept  the  dictum  of 
General  Grant  and  agree  to  an  Electoral  Commission  won  in  the  end  by 
the  sacrifice  of  their  consciences.  It  was  not  a  very  great  sacrifice. 


THE   CONSPIRACY.  49 


CHAPTER  III. 

The  conspiracy  hatched:  The  preliminary  preparations  by  W.  E. 
Chandler  :  The  emissaries  from  the  departments  at  Washington : 
Hayes  admitted  his  defeat  after  Zach.  Chandler  claimed  his  elec 
tion  :  The  situation  in  Florida :  The  canvassing  board  without 
judicial  powers:  The  talk  with  President  Grant  over  Jay  Gould's 
private  wire  :  The  orders  issued  to  the  military:  Grant's  dispatches 
analyzed :  The  Republican  visiting  statesmen  disregarded  the 
President's  instructions :  They  prevented  a  fair  count  of  the 
votes  actually  cast. 

ON  the  night  of  Tuesday,  November  yth,  1876,  tidings 
of  disasters  came  from  every  quarter  to  the  rooms  of  the 
National  Republican  Committee  in  the  Fifth  Avenue  Hotel, 
New  York  City.  Long  before  the  dawn  of  the  succeeding 
morning  the  members  of  the  committee  and  the  throng  of 
anxious  inquirers  had  sought  repose  with  the  conviction  that 
their  party  had  met  its  Waterloo.  Just  after  the  last  of  the 
managers  had  left  William  E.  Chandler  arrived  from  New 
Hampshire.*  He  found  only  a  few  clerks  in  the  committee 
rooms,  who  quickly  told  him  what  the  situation  seemed  to 
be.  The  chairman,  the  secretary,  everybody,  had  gone 
away  believing  that  victory  perched  on  the  banners  of  their 
adversaries.  Mr.  Chandler  took  up  the  dispatches  and 
read  them  through.  The  outlook  was  indeed  desperate. 

*  "  I  wish  to  state  here  that  when  I  arrived  at  the  Fifth  Avenue  Hotel 
before  daylight  on  the  morning  of  the  8th  of  November,  I  found  the  com 
mittee  rooms  vacant;  everybody  had  gone  to  bed.  There  was  no  one  at 
the  hotel  (meaning  the  committee  rooms)  except  a  clerk."  W.  E.  Chan 
dler's  testimony,  H.  R.  Mis.  Doc.  No.  21,  45th  Cong.,  sd  Sess.  p  527. 

4- 


5O  A    POLITICAL    CRIME. 

Later  telegrams  only  confirmed  the  earlier  bad  news.  The 
only  comforting  account  came  from  the  New  York  Times 
office,  which  was  to  the  effect  that  the  democrats  claimed 
as  absolutely  certain  but  184  electoral  votes.  But  on  the 
other  hand  Chandler  could  only  figure  out  for  Hayes  166 
electoral  votes.  There  were  369  electors  and  if  the  demo 
crats  were  certain  of  184  they  only  needed  one  more  to  give 
them  a  majority  of  all  the  electoral  votes.  The  republicans 
only  having  sure  166  required  nineteen  votes  to  make  a 
majority. 

It  was  clear  that  the  nineteen  votes  must  come  from 
Florida,  Louisiana,  and  South  Carolina.  Here  then  was  the 
opportunity  to  retrieve  disaster.  Chandler's  plan  of  oper 
ations  was  instantly  conceived  and  the  execution  thereof 
immediately  begun.  He  dictated  and  had  sent  in  his  own 
name  and  in  that  of  the  Chairman,  Zach  Chandler,  dis 
patches  to  the  governors*  of  Florida,  Louisiana,  and  South 
Carolina  which  inspired  them  with  hope  but  left  no  doubt 
that  upon  the  result  of  the  counting  in  their  respective 
states  the  seating  of  Hayes  depended.  These  were  followed 
by  other  telegrams  of  like  import  to  men  in  the  same 
states.  Before  noon  the  next  day  the  news  from  the  Pacific 

*  The  following  were  the  dispatches  — to  Florida— "The  presiden 
tial  election  depends  on  the  vote  of  Florida,  and  the  democrats  will  try 
and  wrest  it  from  us.  Watch  it  and  hasten  returns.  Answer  immedi 
ately'  '  —  Also  —  "  Hayes  defeated  without  Florida.  Do  not  be  cheated  in 
returns.  Answer  when  sure." 

To  Louisiana — "The  presidential  election  depends  on  the  vote  of 
Louisiana,  and  the  democrats  will  try  and  wrest  it  from  you.  Watch  it 
and  hasten  returns.  Answer  immediately." 

To  South  Carolina — "Hayes  is  elected  if  we  have  carried  South 
Carolina,  Florida,  and  Louisiana.  Can  you  hold  your  state?  Answer 
immediately." 

These  dispatches  bear  date  Nov.  7,  but  W.  E.  Chandler  testified  to 
the  Potter  committee  that  they  were  "  really  written  and  sent  on  the  morn 
ing  of  the  8th."  He  arrived  at  the  Fifth  Avenue  Hotel  after  midnight  of 
the  jth. 

H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  3d  Sess.  /.  526,  also  No.  42 
Mis.  Doc.  44th  Cong.  2d  Sess.  of  H.  R.,p.  434. 


CHANDLER'S  PROGRAMME.  51 

coast  confirmed  the  dispatches  of  the  previous  night  which 
said  California  and  Nevada  had  been  carried  by  the  demo 
crats. 

When  Zach.  Chandler,  and  others,  who  had  left  the 
night  before  dispirited  and  hopeless,  returned  to  the  com 
mittee  rooms  the  next  morning  they  found  W.  E.  Chan 
dler,  who  quickly  explained  the  situation  and  outlined  his 
scheme.  It  was  in  brief,  first,  to  unequivocally  claim  the 
election  of  Hayes  and  persist  in  claiming  it;  second,  bold 
and  skilful  men,  who  could  be  depended  on  under  all  cir 
cumstances,  must  be  immediately  sent  to  Florida,  Louisiana, 
and  South  Carolina;  third,  ample  means  must  be  provided 
for  all  contingencies;  fourth,  communication  must  be 
opened  with  the  President  and  Secretary  of  War  as  soon  as 
possible  and  ample  protection  by  the  military  secured  for 
the  Returning  Boards.  The  New  York  Times  had,  at  his 
suggestion,  that  morning  claimed  the  election  of  Hayes  and 
Wheeler  on  the  assertion  that  Florida,  Louisiana,  and 
South  Carolina  had  been  carried  by  the  republicans. 

Mr.  Chandler  proposed  to  take  charge  of  the  work  in 
Florida,  and  to  go  thither  at  once.  A  credit  must  be 
opened  for  him  at  the  Centennial  Bank  of  Philadelphia,* 
whose  officers  were  his  friends  and  could  be  trusted  to  keep 
accounts  which  would  not  prove  troublesome  in  the  future. 
He  selected  Florida  as  the  scene  of  his  operations  because 
he  knew  the  powers  of  the  board  of  canvassers  of  that  state 
were  simply  ministerial  and  great  delicacy  and  ingenuity  of 
management,  as  well  as  bold,  decisive  conduct  might  be  re 
quired  to  accomplish  their  purposes.  In  Louisiana  and 
South  Carolina  there  were  many  bold,  unscrupulous,  and 
resourceful  men  who  might  be  relied  on  in  any  emergency, 
provided  they  were  encouraged  by  the  presence  of  promi- 

*  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  3d  Sess.  p.  471. 


52  A    POLITICAL    CRIME. 

nent  northern  republicans  who  could  speak  authoritatively 
of  the  future,  and  provided,  also,  the  authorities  in  Washing 
ton  spoke  in  no  uncertain  tones  and  emphasized  their  utter 
ances  with  the  proper  display  of  military  power. 

Zachariah  Chandler  was  bold  and  unscrupulous,  if  not 
resourceful.    If  his  lethargic  mind  could  not  have  originated 
the  scheme  so  quickly  devised  by  the  more  active  brain  of 
the  New  Hampshire  Chandler,  it  could  comprehend  all  the 
details.     A  man  of  tremendous  energy  and  perfect  fearless 
ness,  Zach.  Chandler  would  not  have  hesitated  if  the  un 
dertaking  had  embraced  the  nullification  of  the  expressed 
will  of  the  people  of  a  dozen  instead  of  only  three  states.  As 
the  members  of  the  National  committee  and  the  local  party 
managers  of  New  York  City  gathered  at  the  headquarters, 
Wednesday,  they  were  informed  of  the  exigencies  of  the 
situation,  and  the  desperate  measures   necessary  to  bring 
Mr.    Hayes   in.     The    chairman    had    promptly    sent   the 
famous  but  untruthful  dispatch,  to  which  he  undeviatingly 
adhered,  "Hayes  has  185  electoral  votes  and  is  elected." 
That  day  and  night  the  arrangements  for  men  and  means 
to  be  sent  to  Florida,  Louisiana,  and  South  Carolina  were 
made,   and  before  Thursday  evening  they   were  on   their 
way.     W.   F,  Chandler  left  Wednesday  night  for  Florida, 
and   from    Lynchburg,  Va.,  wrote  the  following   letter  to 
Zach.  Chandler  under  cover  to  M.  A.  Clancy:* 

"THE  ARLINGTON, 

"Lynchburg,   Va.,  Nov.  9,  1876. 

"  My  Dear  Sir :   Please  think  over  and  guard  every  possible  con 
tingency  in  all  the  states.     Ascertain  what  the  laws  of  every  Hayes 


H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  3d  Sess.  p.  526. 


"DON'T  TELEGRAPH.' 


53 


state  are  about  vacancies.  There  is  danger  of  some  form  being  neg 
lected,  especially  in  Oregon,  which  is  so  far  away,  and  has  a  Democra 
tic  governor.  Will  Senator  Edmunds  give  his  best  thought  to  this 
subject  and  notify  every  Hayes  state  what  precautions  to  adopt  — to 
search  their  state  laws  carefully  and  obey  them  literally  ? 

"  Colorado  must  be  specially  looked  after,  and  the  danger  of  bribery 
of  the  legislature  guarded  against. 

"I  got  delayed  over  night  and  shall  omit  Raleigh,  but  want  to  see 
Chamberlain  about  Oranges  before  eating  the  latter.  [Florida  before 
reaching  there.]  I  will  telegraph  Clancy,  and  will  sign  'Everett 
Chase '  and  you  may  telegraph  me  same  way,  care  the  governors,  and 
sign  Clancy,  and  not  Z.  C,  and  don't  telegraph  unless  necessary.  Re 
member  Crapsey  was  to  telegraph  J.  J.  Ridenour,  5th  Ave.  You  left 
that  off  the  cipher." 


Thomas  J.  Brady,*  with  a  force  of  special  agents  of  the 
Post-office  Department,  followed  Mr.  Chandler,  bearing  also 
a  sum  of  money  for  immediate  use.  The  Department  of 
Justice  ordered  its  available  detectives  to  report  to  Chan 
dler  at  the  earliest  moment  in  Tallahassee.  William  A. 
Cook,  of  Washington,  at  Chandler's  suggestion,  was  sent  to 
Columbia,  South  Carolina,  to  overlook  operations  at  that 
point,  and  messengers  were  dispatched  to  New  Orleans, 
bearing  sinews  of  war,  and  intelligence  that  representative 
men  would  follow  immediately.  There  was  absolute  silence 
preserved  about  these  movements.  The  telegraph  was  re 
sorted  to  only  in  cases  of  necessity,  as  W.  E.  Chandler  had 
advised. 

The  reiterated  dispatch  of  Zach.  Chandler,  "  Hayes 
has  185  electoral  votes  and  is  elected "  was  interpreted 
by  Hayes  himself  as  without  serious  significance.  In 
an  interview  published  in  the  Cincinnati  papers,t  Thursday 

*  H.  R.  Mis.  Doc.  No.  31,  Part  4,  45th  Cong.  3d  Sess.  p.  59. 
t   N.  Y.  Sun,  Nov.  9,  1876.     Dispatch  from  Cincinnati. 


54  A    POLITICAL    CRIME. 

morning,  the  defeated  candidate  said :  "  I  think  we  are  de 
feated  in  spite  of  recent  good  news.  I  am  of  the  opinion 
that  the  democrats  have  carried  the  country  and  elected 
Tilden,  as  it  now  seems  necessary  for  the  republicans  to 
carry  all  the  states,  not  set  down  as  doubtful,  to  secure  even 
a  majority  of  one.  I  don't  think  encouraging  dispatches 
ought  to  be  given  to  the  public  now,  because,  they  might 
mislead  enthusiastic  friends  to  bet  on  the  election  and  lose 
their  money.  I  do  heartily  deprecate  these  dispatches." 

Although  Mr.  Hayes  indulged  in  some  hypocritical  ut 
terances  about  his  sorrow  for  the  fate  of  "  the  poor  colored 
men  of  the  South,"  whom  he  so  readily  abandoned  later,  to 
secure  the  presidency,  he  was,  doubtless,  sincere  when  he 
admitted  in  this  interview  his  defeat  and  deprecated  the 
dispatches  coming  from  the  chairman  of  the  National  com 
mittee.  At  that  time  he  did  not  know  and  probably  did 
not  dream  of  the  object  the  desperate  party  leaders  had  in 
view. 

It  was  an  undertaking  from  which  timid  men  would 
have  shrunk  with  fear,  and  which  honorable  men  would 
have  contemplated  with  horror.  It  was  absolutely  known, 
Thursday  evening,  that  the  people  of  Florida,  and  Louisi 
ana,  had  chosen  Democratic  electors.  Therefore,  the  will  of 
the  people  must  be  disregarded.  The  result  determined  by 
the  constitutional  methods  at  the  polls  must  be  reversed.  In 
Louisiana  the  machinery,  provided  by  an  alien  and  wholly 
irresponsible  government  might  be  abused  for  this  unholy 
purpose.  The  election  law,  enacted  in  defiance  of  the  State 
Constitution  to  enable  a  few  scoundrels  to  continue  their 
corrupt  and  detestable  rule,  prescribed  certain  methods 
by  which  the  people  might  be  disfranchised.  Unless  these 
were  strictly  observed  the  Returning  Board,  as  will  be  seen 
hereafter,  could  not  legally  reject  a  single  vote  which  had 


THE   CONSPIRATORS.  55 

been  returned  by  the  election  officers.  However,  the  Re 
turning  Board  was  composed  of  desperate  men  who  would 
scruple  at  nothing,  provided,  they  were  protected,  and  as 
sured  of  adequate  rewards. 

In  Florida  the  situation  was  altogether  different, 
board  of  state  canvassers  was  not  vested  with  discretionary 
powers.  Their  duties,  plainly  prescribed  by  law,  were  sim 
ply  ministerial.  They  could  not  legally  do  anything  but 
canvass  the  returns  as  the  county  returning  officers  for 
warded  them  and  declare  the  result.  A  majority  of  the 
board  of  canvassers  were  republicans.  They  were  known 
to  be  weak  men,  but  were  supposed  to  be  fairly  honest. 

It  was  of  the  utmost  importance  to  the  conspirators  that 
they  should  have  the  countenance  and  apparent  support  of 
the  President  of  the  United  States.  They  knew  the 
weight  the  name  of  General  Grant  would  have  with  the  Re 
publican  masses  and  the  encouragement  and  confidence  it 
would  give  to  the  men  in  Florida,  South  Carolina,  and 
Louisiana  upon  whose  active  and  unscrupulous  cooperation 
the  success  of  their  scheme  depended. 

The  President  was  in  Philadelphia  attending  the  closing 
ceremonies  of  the  great  exhibition  which  had  been  held  in 
commemoration  of  the  centennial  anniversary  of  the  Dec 
laration  of  Independence.  The  Secretary  of  War  was  also 
in  Philadelphia.  There  was  no  doubt  of  his  readiness  to 
cooperate  in  any  undertaking  to  maintain  his  party  in 
power,  His  political  training  had  fitted  him  for  desperate 
enterprises  of  this  kind.  He  had  the  confidence  of  General 
Grant  and  exerted  a  potent  influence  with  him.  Mr. 
George  W.  Childs  has  discovered  to  us  the  fact  that  "  an 
eminent  Republican  senator  "  and  other  » leading  repub 
licans"  were  early  at  his  office  to  meet  General  Grant  the 
morning  after  the  election,  and  the  unanimity  with  which 


56  A    POLITICAL    CRIME. 

they,  "  notwithstanding  the  returns "  insisted  that  Hayes 
was  elected.  Grant,  Mr.  Childs  asserts  did  not  agree  to 
this,  but  contented  himself  with  merely  expressing  a  nega 
tive  opinion.  Undoubtedly  this  expression  of  General 
Grant's  opinion  was  quickly  communicated  to  the  chair 
man  of  the  National  Republican  Committee  in  New  York. 
It  is  certain  that  on  the  following  day  there  was  great 
perturbation  manifested  by  the  Republican  managers 
gathered  at  the  Fifth  Avenue  Hotel.  It  was  deemed  of 
the  utmost  importance  that  George  F.  Edmunds,  Zach- 
ariah  Chandler,  Chester  A.  Arthur,  and  Alonzo  B.  Cornell 
should  have  safe  means  of  communicating  with  the  Presi 
dent  and  the  Secretary  of  War  in  Philadelphia. 

It  would  have  attracted  attention  and  excited  suspicion 
if  a  meeting  between  the  party  managers  and  the  President 
and  the  Secretary  of  War  had  taken  place  at  this  time  either 
in  Philadelphia  or  New  York.  It  would  not  do  to  use  the 
wires  of  any  telegraph  company,  because,  a  tell-tale  record 
might  be  left  behind.  Moreover,  it  would  not  be  safe  to 
trust  unknown  telegraphers.  How  was  the  difficulty  to  be 
overcome  ?  George  F.  Edmunds  had  long  been  the  confi 
dential  adviser  of  Jay  Gould.  He  knew  that  a  private  wire 
connected  Gould's  house  with  Philadelphia.  It  would  be 
easy  to  connect  that  wire  with  one  running  into  the  Conti 
nental  Hotel  where  the  President  and  the  Secretary  of  War 
could  meet.  This  was  done  and  the  necessary  preliminaries 
arranged  for  a  confidential  talk  between  the  conspirators 
gathered  at  Jay  Gould's  house  in  New  York  and  the  Presi 
dent  and  Secretary  of  War  in  Philadelphia. 

The  first  and  most  important  thing  was  to  secure  the 
fullest  possible  cooperation  of  the  President.  In  this 
work  Senator  Edmunds  was  an  invaluable  agent.  After 
Senator  Conkling  probably  no  other  man  could  have 


GENERAL  GRANT'S  ORDERS.         57 

exerted  more  influence  with  the  President.  The  situ 
ation  was  carefully  and  ingeniously  explained  and  the 
utmost  stress  was  laid  upon  the  conditions  of  affairs  in 
Florida,  Louisiana,  and  South  Carolina.  The  imminent 
danger  not  only  of  an  outbreak  was  dwelt  upon,  but  it  was 
doubtless  insisted  that  the  lives  of  the  Republican  canvassers 
would  not  be  safe  unless  an  overwhelming  force  of  Federal 
troops  were  present  to  awe  the  turbulent  populace  and  re 
strain  daring  Democratic  leaders.  It  was  urged  that  gen 
tlemen  of  high  political  standing  and  eminent  personal  re 
spectability  ought  to  be  invited  to  go  to  the  capitals  of  the 
different  states  to  secure  a  fair  count  of  the  votes.  It  is 
not  to  be  wondered  at  that  the  President  under  these  cir 
cumstances  should  have  accorded  all  that  was  asked  by  his 
party  friends.  The  responses  from  the  President  were  satis 
factory  and  that  very  night  the  following  orders  were  issued.* 

"  PHILADELPHIA,  Nov.  9,  1876,  10:40  P.  M. 
To  Gen.  W.  T.  Sherman, 

Washington,  D.  C. 

Order  four  companies  of  soldiers  to  Tallahassee,  Fla.,  at  once. 
Take  them  from  the  nearest  points,  not  from  Louisiana  or  Mississippi, 
and  direct  that  they  be  moved  with  as  little  delay  as  possible. 

J.  D.  CAMERON,  Secretary  of  War." 

"PHILADELPHIA,  Nov.  9,    1876,   1 1   P.   M. 

To  Gen,  W.  T.  Sherman, 

Washington,  D.  C. 

In  addition  to  the  four  companies  ordered  to  Tallahassee,  order 
all  troops  in  Florida  to  the  same  point,  and  if  you  haven't  more  than 
the  companies  named,  draw  from  Alabama  and  South  Carolina.  Ad 
vise  me  of  receipt  of  this  and  your  action. 

J.  D.  CAMERON,  Secretary  of  War."" 

"PHILADELPHIA,  Nov.  9,    1876,    11:15  P.   M. 

To  Gen.  W.  T.  Sherman, 

Washington,  D.  C. 
Telegraph  General  Ruger  to  proceed  at  once  to  Tallahassee,  Fla., 

*  Ex.  Doc.  No.  30,  H.  R.  44th  Cong,  ad  Sess.  pp.  22,  23. 


58  A    POLITICAL    CRIME. 

and  upon  his  arrival  there  to  communicate  with  Gov.  Stearns.     Say  to 
him  to  leave  affairs  in  South  Carolina  in  hands  of  an  entirely  discreet 

and  reliable  officer. 

J.  D.  CAMERON,  Secretary  of  War." 

These  orders  were  obeyed  and  the  Secretary  of  War 
was  informed  of  their  execution.  The  next  day  the  Presi 
dent  telegraphed  Gen.  Sherman  as  follows :  * 

"PHILADELPHIA,  Nov.  10,  1876. 
[Received  at  Washington,  Nov.  10,  1876,  2:16  P.  M.) 
To  Gen.  W.   T.  Sherman, 

Washington,  D.  C. 

Instruct  Gen.  Augur  in  Louisiana  and  Gen.  Ruger  in  Florida  to 
be  vigilant  with  the  force  at  their  command  to  preserve  peace  and 
good  order,  and  to  see  that  the  proper  and  legal  boards  of  canvassers 
are  unmolested  in  the  performance  of  their  duties.  Should  there  be 
any  grounds  of  suspicion  of  fraudulent  counting  on  either  side,  it 
should  be  reported  and  denounced  at-  once.  No  man  worthy  of  the 
office  of  President  would  be  willing  to  hold  the  office  if  counted  in, 
placed  there  by  fraud;  either  party  can  afford  to  be  disappointed  in 
the  result,  but  the  country  cannot  afford  to  have  the  result  tainted  by 
the  suspicion  of  illegal  or  false  returns. 

U.   S.  GRANT." 

This  order  to  Gen.  Sherman  was  intended  for  the 
public  and  was  given  forthwith  to  the  press.  The  Presi 
dent  was  evidently  anxious  to  satisfy  the  public  that  he 
would  not  be  a  party  to  "fraudulent  counting."  He  con 
cluded  that  he  had  not  expressed  exactly  his  idea  and 
therefore  sent  from  the  Centennial  Grounds  the  following 
dispatch  to  Gen.  Sherman : 

"PHILA.,  Nov.  10,  1876 

[Received  at  Washington,  Nov.  10,  '76,  2:12  P.  M.] 
To  Gen.   W.   T.  Sherman, 

Washington,  D.  C. 

Send  all  the  troops  to  General  Augur  he  may  deem  necessary  to  en 
sure  entire  quiet  and  a  peaceable  count  of  the  ballots  actually  cast 
*  Ex.  Doc.  No.  30,  44th  Cong.  2d  Sess.  p.  24. 


ANALYSIS    OF   THE    ORDERS.  59 

They  may  be  taken  from  South  Carolina  unless  there  is  reason  to  ex 
pect  an  outbreak  there.  The  presence  of  citizens  from  other  states,  I 
understand,  is  requested  in  Louisiana,  to  see  that  the  board  of  can 
vassers  make  a  fair  count  of  the  votes  actually  cast.  It  is  to  be  hoped 
that  representatives  and  fair  men  of  both  parties  will  go. 

U.  S.  GRANT." 

The  Federal  troops  in  South  Carolina  *  had,  two  weeks 
before  the  November  election,  been  increased  by  ordering 
thither  every  available  man  on  the  Atlantic  seaboard  from 
Fort  Monroe  northward — making  in  all  thirty-three  com 
panies  stationed  in  different  parts  of  that  state.  Ten  of 
these  companies,  with  two  from  Atlanta,  Georgia,  with 
Gen.  Ruger  in  command,  were  sent  to  Florida,  under 
orders  to  act  in  conjunction  with  Governor  Stearns.  Three 
full  regiments  had  already  been  ordered  to  New  Orleans 
before  the  last  dispatch  to  General  Sherman  was  sent  by 
the  President.!  The  two  telegrams  of  the  President  of 
November  10,  to  General  Sherman  were  not  in  accordance 
with  the  arrangement  made  the  preceding  night  over  Jay 
Gould's  private  wire.  Their  language  shows  that  Grant 
was  endeavoring  to  guard  against  some  apprehended  ex 
cess  of  zeal.  Their  tone  is  confirmatory  of  Mr.  Child's 
statement  about  Grant's  belief  in  Tilden's  election.  The 
commanding  generals  were  directed,  first :  "  to  see  that 
the  proper  and  legal  boards  of  canvassers  are  unmolested 
in  the  performance  of  their  duties."  Second:  "should 
there  be  any  grounds  of  suspicion  of  fraudulent  counting, 
on  either  side,  it  should  be  reported  and  denounced  at 
once."  The  first  direction  could  be  carried  out  easily 
enough. 

There  was  no  danger  whatever  of  the  "  boards  of  can- 
*  Ex.  Doc.  No.  30,   H.  R.  44th  Cong.  2d  Sess.  pp.  17,  18,  19,  20, 

21,   22. 

t  Ibid,  p.  27. 


60  A    POLITICAL    CRIME. 

vassers  "  being  molested  in  the  performance  of  their  duties. 
General  Sheridan,*  who  was  ordered  to  New  Orleans,  arrived 
there  on  the  i5th  and  reported  on  the  i6th  that  there  was 
"  very  little  excitement  "  and  "  no  appearance  of  any  trou 
ble."  It  was  of  course  entirely  within  the  scope  of  executive 
authority  to  have  instructed  General  Augur  in  Louisiana 
and  General  Ruger  in  Florida,  in  the  event  of  an  outbreak, 
to  cooperate  with  the  local  authorities  "  to  preserve  peace 
and  good  order."  No  other  use  of  the  Federal  troops  was 
justifiable,  and  in  strict  compliance  with  law  even  that 
could  not  be  ordered  until  the  f  governors  of  the  respective 
states  had  reported  that  they  were  unable  to  preserve  the 
peace  and  protect  all  classes  of  citizens  against  domestic 
violence,  unlawful  combinations  or  conspiracies. 

But  how  were  the  commanding  generals  to  discover 
whether  there  were  "any  grounds  of  suspicion  of  frau 
dulent  counting  on  either  side,"  and  to  whom  were  they 
to  report  and  denounce  it  ?  The  counting  was  to  be 
done  by  the  Canvassing  Boards.  In  Louisiana  the  can 
vassers  were  without  exception  republicans,  and  in  Florida 
only  one  was  a  democrat.  How  could  the  commanding 
generals  ascertain  whether  there  were  any  "grounds  of 
suspicion  of  fraudulent  counting"  unless  they  had  been 
directed  to  supervise  the  reception,  as  well  as  the  canvass- 

!  Ex.  Doc.  No.  30,  H.  R.  44th  Cong,  and  Sess.  p.  41. 
Trirt  -H          °^Y  dlsPatch  askinS  for  tro°PS  came  from  Governor  Stearns  of 
Flonda,  on  November  9th    and  was  as  follows  :   "  We  shall  need  an  army 

hnor?  I  UH;  >U£  SpeC'al  train'  leavi"S  here  last  ni&ht  for  the  Chatta- 
>chee  to  dispatch  couriers  to  verify  and  secure  intact  the  returns  from 
western  counties,  was  ku-kluxed  a  few  miles  west  of  here,  and  the  train 
thrown  from  the  track,  which  was  torn  up  and  blocked  in  several  places. 
SSLJ3  TF&JP  ohe  Protection  Possible."  This  dispatch  was  sent  to 
Philadelphia  to  the  President  by  Geo.  W.  Childs,  who  also  informed  him 
of  the  consultation  to  be  held  that  night  over  Jay  Gould's  private  wire. 

SSJSlSSK  *£*?  SP?daJ train  bdng  ku-kluxed  was  a  lie.  There  were  no 
obstructions  on  the  track  It  was  merely  an  ordinary  accident  on  a  Florida 
railroad  which  was  in  bad  condition  at  that  time.  Mis.  Doc.  No.  42,  44th 


THE    INTENT  OF   THE   ORDERS.  6 1 

ing,  of  the  returns  ?  But  this  would  have  cast  suspicion 
upon  the  integrity  of  the  Returning  Boards.  Was  this  not 
the  object  of  the  President's  semi-military  orders  ?  "  A  fair 
count  of  the  votes  actually  cast,"  was  precisely  what  the 
conspirators  did  not  want.  Fair  and  honest  returns  of  the 
"  votes  actually  cast  "  would  have  made  Samuel  J.  Tilden 
the  next  President  of  the  United  States.  Before  the  Presi 
dent's  remarkable  dispatches  were  sent  to  General  Sherman 
the  polls  had  been  closed  two  whole  days  and  the  returns 
"  of  the  votes  actually  cast,"  save  from  remote  counties 
and  parishes,  in  Florida  and  Louisiana,  were  in  Tallahassee 
and  New  Orleans.  There  was,  therefore,  no  possibility  of 
"fraudulent  counting"  unless  it  was  done  by  the  Returning 
Boards. 

The  direction  to  report  and  denounce  at  once  "grounds 
of  suspicion  of  fraudulent  counting  on  either  side  "  did  not 
embarrass  the  visiting  statesmen.  They  were  determined 
to  interpret  to  suit  themselves  the  President's  instructions. 
The  further  declaration  that  "  no  man  worthy  of  the  office 
of  President  would  be  willing  to  hold  the  office  if  counted 
in,  placed  there  by  fraud  "  was  without  other  meaning  to 
average  politicians  than  high  sounding  words  intended  to 
deceive  the  public  and  cloak  evil  designs. 

The  intention  was  to  use  the  machinery  of  the  Return 
ing  Boards  to  return  as  elected  the  Republican  electors  of 
Florida,  Louisiana,  and  South  Carolina,  regardless  "  of  the 
votes  actually  cast."  No  fear  was  entertained  of  this  not 
being  done  in  Louisiana  and  South  Carolina.  The  character 
of  the  Republican  officials  in  those  states  was  known. 
They  could  be  depended  upon,  if  properly  "protected"  and 
adequately  "encouraged."  The  "encouragement"  was  en 
route  and  the  action  of  the  President  and  Secretary  of 
War  left  no  doubt  as  to  their  cooperation  by  the  use  of  the 


62  A    POLITICAL    CRIME. 

army.  In  Florida  the  conditions  were  less  favorable. 
There  were  doubts  as  to  the  powers  of  the  Returning  Board 
as  well  as  to  the  dependence  to  be  placed  in  the  members 
thereof.*  But  the  troops  were  on  hand,  and  so  was  W. 
E.  Chandler.  The  sinews  of  war  were  coming. 

The  Secretary  of  War  telegraphed  personally  to  Gov 
ernor  Stearns  informing  him  that  "a  sufficient  number  of 
troops  have  been  ordered  to  Tallahassee  to  give  you  the 
aid  desired.  "f  This  language  was,  of  course,  deliberately 
used.  It  is  important,  because  it  shows  that  the  troops 
were  sent  to  "aid"  and  not  because  there  was  need  'of 
"protection."  At  the  same  time,  Zach.  Chandler  had  tele 
graphed  to  Stearns  t  that  W.  E.  Chandler  was  "on  the 
way  to  aid."  The  reception  of  these  telegrams  of  Nov.  8th 
and  gth  to  Stearns  and  those  of  the  President  to  Gen.  Sher 
man  of  Nov.  loth,  were  interpreted  in  Florida  as  they  were 
meant  to  be,  and  the  managers  at  Tallahassee  sent  dis 
patches  to  every  quarter  of  the  state  on  the  roth,  two  days 
after  the  election,  like  this  J—  "The  national  ticket  depends 
on  Florida.  Save  every  vote  to  swell  our  majority."  Three 
days  later,  on  the  arrival  of  W.  E.  Chandler,  telegrams  were 

l\r«v*  T^E'  Cfh*ndler  telegraphed  to  Zach.  Chandler  from  Tallahassee, 
S  *"-" 


l\r«v    T  f  .  , 

Send  S        RS  *"?*-:"  ™*«  swarming  with    prominent  democrats 

e 


h-       H   an  iaWKyers«,nd  eminent  men-    Send  J°nes  to  E-  A- 

Phila.     Have   Arthur   William   warm    men  acting   cold  "      Ac- 
T  ^a^r's  account  of  his  cipher  to  the  Potter  committee,  (Atf, 

Ro'lif  '  Pfcflft  N°'  3!/  i5th  Con*'  3d  •*"•)     "  Send  Jones  to  E   A. 

draw  for  k'-  S^  f  S?  ^n-  f°  Centennial  Bank,  Phila.,  so  I  can 
havZ  KfcS:  in  AT  AJthur  Wllllam  warm  men  acting  cold,"  meant, 
*  J?/£  A™  (S'  ]  SC1d  IePublicans-  men  acting  with  democrats.  (H. 
K.  Mis.  Doc.  No.  42,  44th  Cong.  2d  Sess.  p.  430 

inenfcgoaun^0V£'lhe  ^^^phed   to  the  same.     "Florida  needs  em- 
weU  as  Tone,   n     ?    P  T™  ^  Louisiana.     Can  you  send  Robinson  as 
°    0S        «  V  here/     He  wanted  "  Robinson  "  $3,000,  and 
$5  ooo.     ••  Doctors  plenty,"  danger  great  here. 

•  *•  439>  and  l  RMis-  Doc- 


Tones 
ones 


t  Miss.  Doc.  No.  42  H.  R.  44th  Cong.  2d  Sess.  p.  436. 
t  Ibid,  p.  437. 


RUGER    UNDER    STEARNS.  63 

sent  to  local  Republican  managers,  telling  them  that  the 
*«  state  was  close,  and  you  must  make  effort  to  render 
every  possible  assistance,"  and  that  "funds  from  Washing 
ton"*  would  be  on  hand  to  meet  every  requirement.  The 
replies  t  from  subordinates  in  various  localities  in  many 
instances  demanded  the  assistance  of  Federal  troops,  and 
Stearns  issued  his  orders  on  Gen.  Ruger  who  was  directed 
by  the  Secretary  of  War  to  obey. 

*  Miss.  Doc.  No.  42,  H.  R.  44th  Cong.  2d  Sess.  p.  436- 
f  Ibid,  p.  437- 


64  A    POLITICAL    CRIME. 


CHAPTER  IV. 

W.  E.  Chandler  reaches  Florida  and  reports  the  situation  to  Hayes: 
He  calls  for  men  who  can  speak  authoratively  for  Hayes :  Telegrams 
to  Zach.  Chandler  calling  for  men  and  money :  The  efforts  of  Chan 
dler  to  show  a  majority  for  Hayes  on  the  face  of  the  county  re 
turns  :  The  fraud  by  which  this  was  accomplished  :  The  two  Baker 
county  returns:  The  disadvantage  the  democrats  labored  under: 
What  the  cipher  dispatches  between  the  conspirators  disclose:  The 
carpet-bag  rogues  afraid  of  treachery :  What  Chandler  wanted 
with  Mathews :  The  work  Noyes  did. 

ON  Saturday,  November  nth,  Mr.  Chandler  arrived  in 
Tallahassee.  He  found  the  situation,  as  he  reported  in 
cipher  to  the  private  secretary  of  Hayes,  favorable.  Evi 
dently  by  that  time  Hayes  was  informed  of  what  was  going 
on  and  no  longer  "heartily  deprecated"  the  dispatches 
coming  from  the  national  committee.  He  had  been  com 
municated  with  and  his  private  secretary  had  Chandler's 
cipher.  Notwithstanding  W.  E.  Chandler  found  the  situa 
tion  favorable  he  felt  the  need  of  the  presence  of  gentlemen 
from  Ohio — personal  friends  of  Mr.  Hayes — who  could,  if 
necessary,  speak  for  him.  Accordingly,  he  telegraphed,  in 
cipher,  to  Hayes'  private  secretary*  to  "send  Stanley 

"Tallahassee,  Fla.,  Nov.  13,  1876. 
*  To  A.  E.  LEE,  Columbus,  Ohio. 

William  S.  Mathews  and  others  of  high  character;  rainy. 

W.  E.  CHANDLER." 

Chandler  was  also  in  communication  with  another  of  Hayes'  intimate 
confidential  friends  in  Cincinnati.  The  following  dispatches  from  this 
person  to  Chandler  have  survived,  but  Chandler's  to  him  are  missing: 


"THE    MEN    AND    MEANS."  65 

Mathews  and  others  of  high  character."  Stanley  Mathews, 
Edward  F.  Noyes,  Ex-Governor,  and  John  Little,  Attor 
ney-General  of  Ohio,  were  in  New  Orleans,  or  on  their 
way  thither,  in  company  with  John  Sherman,  and  James 
A.  Garfield.  The  request  of  Mr.  Chandler  was  promptly 
communicated  to  New  Orleans  and  in  response  E.  F. 
Noyes  accompanied  by  John  A.  Kasson,  of  Iowa,  and  Lew 
Wallace,  of  Indiana,  started  forthwith  for  Tallahassee. 

In  the  meantime  Thomas  J.  Brady,  Second  Assistant 
Postmaster  General,  carrying  $2,000,  sent  by  Zach.  Chan 
dler,  and  accompanied  by  H.  Clay  Hopkins,  Wm.  T.  Hen 
derson,  Z.  L.  Tidball,  B.  H.  Camp,  and  Alfred  Morton, 
Special  Agents  of  the  Post-office  Department,*  had  arrived 
at  Tallahassee.  The  gentlemen  from  Ohio  arrived  Mon 
day  the  2oth.  William  H.  Robertson,  Francis  C.  Barlow, 
and  D.  G.  Rollins,  of  New  York  came  about  the  same 
time.  E.  W.  Maxwell,  and  Peyton,  detectives,  of  the  De 
partment  of  Justice,  followed  in  the  wake  of  Brady  and  the 
contingent  of  the  Post-office  Department. 

"  Cincinnati,  Ohio,  Nov.  i8th,  1876. 
To  W.  E.  CHANDLER,  Tallahassee,  Fla. 

What  is  the  situation  ?  Rumors  are  afloat  that  we  are  in  danger  and 
that  the  attention  should  be  turned  to  Florida  instead  of  Louisiana. 

"  Cincinnati,  Ohio,  Nov.  19,  1876. 
To  W.  E.  CHANDLER,  Tallahassee,  Fla. 

Dispatch  received.  Attorney-General  Little  of  this  state  left  here 
Saturday  morning  to  assist  you.  Others  will  go  if  you  think  them 
needed/'  L-  C-  WEIR" 

Edward  F.  Noyes  was  also  in  cipher  communication  with  Weir  as  the 
following  dispatch  shows : 

"  Cincinnati,  Ohio,  Nov.  19,  1876. 
HON.  EDWARD  F.  NOYES,  Tallahassee,  Fla. 

i  Scared  2  bursting  3  try  4  me  5  &,  6  did  7  cipher  8  not  9  it  10  to 
ii  wit  12  for  13  are  14  use  15  out  16  same  18  you  19  dispatch  20  follow  21 
took  22  sick  23  again  24  news  25  we  26  we  27  it  28  us  29  the  30  received.  _ 

L/.  O.  WEIR. 

TRANSLATION. — "  The  cipher  dispatch  to  me  received.  Scared  me. 
Try  it  again.  Did  you  follow  same  rule?  We  are  bursting  for  news. 
Are  we  not  outwitted  ?" 

*  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  3d  Sess.  p.  528. 


66  A    POLITICAL    CRIME. 

On  Saturday,  November  i8th,  W.  E.  Chandler  reported 
by  telegraph  to  Zach.  Chandler,  as  follows :  * 


"TALLAHASSEE,  FLA.,  Nov.  18,  1876. 
To  Zach.  Chandler, 

Washington,  D.  C. 

After  full  conference  with  all  our  friends  now  here  we  find  the 
work  to  be  done  requires  great  and  expeditious  labor,  in  view  of  the 
shortness  of  time,  which  if  well  performed  will,  we  believe,  assure 
success.  Noyes  and  Kasson  will  be  here  on  Monday,  and  Robinson 
must  go  immediately  to  Philadelphia  and  then  come  here.  Can  we 
also  have  Jones  again  ?  Rainy,  for  not  more  than  one-tenth  of  Smith's 
warm  apples.  You  can  imagine  what  the  cold  fellows  are  doin<r 
Where  is  Cook  ?  fe' 


C. 


Mr.  Chandler,  being  asked  to  explain  this  telegram  by 
the  Potter  committee  said  — "The  first  part  is  all  plain  as 
it  stands.  '  Robinson  must  go  immediately  to  Philadelphia 
and  then  come  here/  means  that  I  wished  some  money 
sent  to  Philadelphia  to  the  Centennial  Bank,  where  I  could 
draw  for  it :  I  do  not  now  recall  the  amount  with  certainty, 
but  I  think  'Robinson'  means  $3,000.  'Can  we  also 
have  Jones  again,'  means,  I  think,  'can  you  also  let  me 
have  $2,000  more  (making  $5,000.)'  « Rainy,  for  not  more 
than  one-tenth  of  Smith's  warm  apples'  means  'it  looks 
favorable  for  about  twenty-five  majority  in  the  state.' 
'  You  can  imagine  what  the  cold  fellows  are  doing,'  means 
'you  can  imagine  what  the  democrats  are  about.'  'Where 
is  Cook  ?  is  an  inquiry  for  William  A.  Cook  who  I  had  re- 
quested  by  telegraph  should  be  sent  down."* 

*  See  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  3d  Sess.  p.  471. 


CHANDLER'S  HOPE.  67 

Previous  to  this  dispatch  of  Nov.  i8th,  Chandler  had 
telegraphed  for  $2,000*  and  on  the  i3th  had  been  no 
tified  t  that  it  was  on  the  way.  He  was,  also,  informed  from 
Washington  that  the  news  from  Louisiana  was  favorable. 
And  at  a  later  date  he  requested  Zach.  Chandler  to  send 
him  $3,000  f  more  which  was  promptly  done.  In  all  he 
received  from  the  National  Committee,  according  to  his 
telegrams  and  the  evidence  of  Thomas  J.  Brady,  $15,000. 
How  much  he  carried  with  him,  and  received  from  other 
sources  does  not  appear. 

The  hope  and  expectation  of  Chandler  at  this  time  was 
that  the  county  returns  would  show  on  their  face  a  small 
majority  for  the  Hayes  electors.  The  first  efforts  were  di 
rected  to  the  accomplishment  of  this  much  to  be  desired  re 
sult.  It  was  for  this  purpose  that  the  local  Republican 
managers  were  telegraphed  to  "  save  every  vote."  It  would 
have  simplified  the  job  of  counting  the  state  for  Hayes  if 
the  county  returns  had  on  their  face  shown  a  small  majority. 
They  all  knew  that  the  state  canvassing  board  had,  under 

*  H.  R.  Mis.  Doc.  No.  42,  44th  Cong.  2d  Sess.  p.  438. —  "  Florida 
swarming  with  prominent  democrats.  Send  some  Republican  lawyers  and 
eminent  men.  Send  Jones  to  E.  A.  Rollins,  Philadelphia.  Have  Arthur 
William  warm  men  acting  cold." 

t  H.  R.  Mis.  Doc.  No.  42,  44th  Cong.  2d  Sess.  p.  438.  Zach.  Chan 
dler  to  W.  E.  Chandler.—"  Dispatch  received.  Jones  gone  to  Phila. 
Harny  all  along  the  line— Sea  safe  cotton  high  stiffen  oranges.  Men 
coming."  The  translation  is  as  follows:  $2,000  sent  to  Centennial  Na 
tional  Bank,  Phila.  Serene  all  along  the  line — Outlook  favorable,  Louisi 
ana  all  right.  Stiffen  the  Florida  fellows,  Arthur  has  sent  the  men  you 
asked  for." 

t  H.  R.  Mis.  Doc.  No.  42,  44th  Cong.  2d  Sess.  p.  439-40.  W.  E. 
Chandler  to  Zach.  Chandler.  —  "William  Robinson  in  small  cherries 
probably  shall  not  need  him.  Apples  about  twenty  but  to  be  ready  for  any 
emergency."  Answer.  —  "Gen.  Robinson  goes  to-night;  cotton  very 
high;  very  rainy."  Translation.— "  Send  $3,000  in  large  bills,  probably 
shall  not  need  it.  Majority  about  twenty.  But  be  ready^  for  any  emer 
gency —  i.  e.,  want  the  money  to  use  if  necessary.  The  $3,000  goes  to 
night  ;  Louisiana  certain,  everything  going  well."  The  dates  of  these  dis 
patches  were  Nov.  27  and  28,  and  at  that  date  Chandler  knew  what  the 
Returning  Board  in  Louisiana  was  going  to  do,  although  it  did  not  com 
plete  its  work  till  eight  days  later  —  Dec.  6th. 


68  A    POLITICAL    CRIME. 

the  law,  simply  the  authority  to  perform  the  ministerial 
duty  of  canvassing  and  compiling  the  returns  of  the  election 
sent  to  them  by  the  county  officers.  The  Supreme  Court 
of  the  state,  had,  in  the  case  of*  Bloxham  vs.  the  State 
Canvassers,  given  a  judicial  construction  of  the  law  and  de 
fined  their  powers.  The  court  held  that  "  The  object  of 
the  law  was  to  ascertain  the  number  of  votes  cast,  and  de 
termine  therefrom,  and  certify  the  result  of  the  election." 
In  doing  this  it  was  the  "  duty  of  the  state  canvassers  to 
determine  whether  the  papers  received  from  them  purport 
ing  to  be  returns  were,  in  fact,  such,  and  were  genuine,  in 
telligible,  and  substantially  authenticated  by  law."  The 
county  returns  standing  these  tests  they  must  be  accepted 
and  the  results  determined  therefrom. 

If  the  returns  from  the  county  officers  showed  on  their 
face  a  majority  for  the  Hayes  electors  no  one  knew  better 
than  Mr.  Chandler  the  advantage  he  would  have.  Failing 
in  this  his  objective  point  was  to  have  the  Board  of  Can 
vassers  reject  enough  returns,  because  of  pretended  irregu 
larities  by  the  county  canvassers,  and  on  account  of  frauds 
claimed  to  have  been  practised  at  the  polling  places,  to  give 
the  Hayes  electors  a  majority.  In  the  preparation  for  both 
schemes  the  state  officers  and  local  politicians  rendered  effi 
cient  service.  They  were  shrewd,  unscrupulous,  active,  ca 
pable  of  any  villainy,  and  the  presence  of  government 
detectives,  and  an  overwhelming  force  of  troops  assured 
them  of  present  absolute  protection.  Their  only  concern 
was  to  achieve  success  for  their  state  ticket,  as  well  as  for 
the  Hayes  electors.  The  successful  counting  in  of  the  for 
mer  was  a  sina  qua  non  with  them.  The  latter  was  only 
important  to  them,  because  it  assured  the  protection  of 
the  former.  All  their  schemes  of  plunder  depended 

*  13  Fla.  733—777- 


THE    LOCAL    RASCALS.  69 

upon  the  continuance  of  the  carpet-bag  rule  in  the 
state.  Immunity  for  past,  present,  and  future  rascality 
could  only  be  secured  by  the  success  of  their  state  ticket. 
A  great  scheme  of  land  and  railroad  speculation  which  had 
been  worked  up  by  Frank  Sherwin,*  and  C.  D.  Willard,  in 
conjunction  with  W.  H.  Gleason,  Lieutenant-Governor,  L. 
G.  Dennis  and  other  state  officers,  and  officials,  could  only 
be  made  successful  by  the  maintenance  in  power  of  the  lat 
ter.  The  active  agents  t  in  the  manipulation  of  returns 
from  the  counties  were  F.  C.  Humphreys,  elector  at  large, 
Dennis  Eagan,  chairman  of  the  state  committee,  L.  G. 
Dennis,  senator  from  Alachua  county,  J.  VV.  Howell,  deputy 
clerk  of  the  circuit  court  of  Baker  county,  Joseph  Bowes, 
of  Leon  county,  James  Bell,  of  Jefferson  county,  Moses  J. 
Taylor,  clerk  of  Jefferson  county,  and  Manuel  Govin,  of 
Monroe  county.  Dennis  had  as  his  tools  in  Alachua 
county  two  creatures,  Thomas  H.  Vance  and  Richard  H. 
Black.  The  county  judge,  W.  K.  Cessna,  was  another 
pliant  scoundrel.  Howell  made  use  of  E.  W.  Driggers, 
county  judge,  and  A.  A.  Allen,  sheriff  of  Baker  county,  and 
Bill  Green,  a  justice  of  the  peace,  manufactured  to  order, 
for  the  purpose  of  a  fraudulent  county  canvass  and  return. 
Samuel  B.  McLin,  secretary  of  state,  and  F.  A.  Cowgill, 
comptroller  of  public  accounts,  and  ex-officio  member  of 
the  board  of  state  canvassers,  with  George  H.  DeLeon, 
the  governor's  secretary,  were  of  course  all  important 
factors. 

When  all  the  returns  from  the  county  canvassers  had 
been  received  by  the  governor  and  secretary  of  state,  Mr. 

*  H.  R.  Mis.  Doc.  No.  31  p.  4.     45th  Cong.  3d  Sess.  pp.  380-1  . 

t  See  H.  R.  Mis.  Doc.  No.  31,  Parts  i  and  2,  45th  Cong.,  3d  Sess., 
pp.  447,  499,  155,  171,  492,  493,  494,  169,  129,  130,  151,  154,  94,  99,  129,  152, 
153,  126,  ii,  47,  12,  16,  33,  14,  17,  18,  25,  19,  105,  55,  56,  107,  127,  141.  Also 
Senate  Report.  No.  611,  44th  Cong.,  2nd  Sess.,  pp.  356-364,  151,  154,  416, 

425,    175,    178,   201,  202. 


7°  A    POLITICAL    CRIME. 

Chandler  and  his  coadjutors  discovered  to  their  surprise 
that  on  their  face  they  showed  a  majority  of  91  votes  for  the 
Tilden  electors.  The  footings  were,  for  the  Tilden  electors, 
24,441,  and  for  the  Hayes  electors,  24,350,  votes.* 

This  was  a  result  which  the  conspirators  had  not  calcu 
lated  upon.  They  had  made  the  most  desperate  exertions 
to  insure  just  the  opposite  result.  With  a  majority  on  the 
face  of  the  returns  for  the  Hayes  electors,  and  their  state 
ticket,  their  task  would  have  been  a  comparatively  easy  one. 
They  could  have  taken  their  stand  thereon,  and  insisted 
that,  by  the  law  of  the  state,  and  in  accordance  with  the 
decision  of  the  Supreme  Court,  in  the  case  of  Bloxham  vs. 
the  State  Canvassers,!  the  county  returns  were  final  and 
the  canvassing  board  must  merely  perform  the  ministerial 
duty  of  tabulating  the  votes  and  declare  the  result.  The 
democrats  would  have  had  to  insist  upon  the  canvassers 
going  behind  the  returns  and  here  the  advantage  would  of 
course  be  with  the  republicans,  because  they  had  a  majority 
of  the  board,  and,  once  judicial  power  was  assumed,  they 
could  exercise  it  to  accomplish  whatever  was  deemed  neces 
sary. 

But  this  scheme  was  upset  unless  in  some  way  the 
result  on  the  face  of  the  county  returns  could  be  changed. 
And  Mr.  Chandler  knew  that  there  must  be  plausible,  and 
apparently  legal  ground,  prepared  for  this  change.  In  look 
ing  over  the  returns  it  was  discovered  that  the  one  from 
Baker  county,  which  had  been  received,  was  made  by  Coxe, 
county  clerk,  Dorman,  justice  of  the  peace,  and  that  Drig- 
gers,  the  county  judge,  had  not  joined  therein.  The  law  J 
required  the  canvass  of  the  precinct  returns  to  be  made  not 

*  H.  R.  Mis.  Doc.  No.  31,  Part  2,  4sth  Cong.  3d  Sess.  p.  54. 

Fla.  R.  p.  54. 
t  H.  R.  Mis.  Doc.,  No.  31,  Part  2,  45th  Cong.,  3d  Sess.,  pp.  n,  47. 


THE  BAKER  COUNTY  FRAUD.         /I 

later  than  six  days  after  the  election,  by  the  county  clerk, 
the  county  judge,  and  a  justice  of  the  peace.     In  the  ab 
sence  of,  or  refusal  of,  the  county  clerk,  or  county  judge,  to 
act,  the   sheriff  must  be  substituted.     Here  then  was  the 
opportunity.      J.   W.    Howell*   who  was  deputy  clerk  of 
Baker  county,  was  communicated  with  by  Governor  Stearns, 
and  he  promptly  undertook  to  remedy  the  disaster.  Driggers 
was  dispatched  forthwith  to  Tallahassee  to  procure  a  com 
mission  of  justice  of  the  peace  for  Bill  Green,  Dorman,  who 
had  acted  with  Coxe,  county  clerk,  being  the  only  justice  of 
the  peace  in  the  county.  Driggers  went  to  Tallahassee,  saw 
the  governor,  and  secretary  of  state,  and  came  back  with 
the  commission  for  Bill  Green  in  his  pocket.t     But,  unfor 
tunately,  he  had  previously  given  notice  to  Coxe,  county 
clerk,  and  Dorman,  justice  of  the  peace,  to  meet  with  him 
on  the  1 3th  for  the  purpose  of  canvassing  the  returns.t   On 
the  appointed  day  they  were  present,  at  the  clerk's  office, 
but  Driggers  was  not  there.     They  hunted  him  up  and  he 
refused  point  blank  to  join  with  them  in  the  canvass.    Then 
the  sheriff,  who  under  the  law,  could  only  act  in  the  ab 
sence,  or  upon  the  refusal  of  the  clerk,  or  county  judge,  was 
asked  to  join,  but  he,  too,  by  the  direction  of  Driggers,  re 
fused  to  take  part.|     After  waiting  till  nearly  evening,  and 
neither  the  county  judge  nor  sheriff  appearing,  Coxe  and 
Dorman  again  canvassed  the  precinct  returns,  and  set  out 
in  their  return  to  the  secretary  of  state,  and  governor,  all 
the  facts  connected  with  the  refusal  of  the  county  judge  and 
sheriff  to  join  in  the  canvass. 

That  night*  Howell  let  Driggers,  Allen,  and  Green,  into 
the  clerk's  office  where  they  perfunctorily  looked  over  the 

*  H.  R.  Mis.  Doc.  No.  31,  Part  2,  45th  Cong,  ad  Sess.  p.  33- 
t  Ibid.  p.  16. 
t  Ibid.  p.  12. 


72  A    POLITICAL    CRIME. 

precinct  returns  and  then  adjourned  to  the  house  of 
one  Canova,  where  they  signed  a  return  which  had  been 
prepared  for  them,  including  the  votes  of  but  two  precincts, 
out  of  the  four,  in  the  county  —  omitting  those  of  Darby- 
ville  and  Johnsville,  which  gave  the  Tilden  electors  149. 
and  the  Hayes  electors  only  1 1  votes.  The  two  precincts 
returned  gave  the  Hayes  electors  130  votes,  and  the  Tilden 
electors  89  votes,  and  by  this  process  a  Democratic  majority 
in  the  county  of  95  was  converted  into  a  Republican 
majority  of  41  votes.  At  the  same  time  by  holding  the  return 
made  by  Driggers,  county  judge,  Allen,  sheriff,  and  Green 
justice  of  the  peace,  to  be  the  only  one  complying  with  the 
law,  the  state  canvassers  could  convert  the  majority  on  the 
face  of  the  returns  from  91  for  the  Tilden  electors,  into  35 
majority  for  the  Hayes  electors. 

There  was  not  a  scintilla  of  evidence  *  to  show  even  the 
suspicion  of  wrong  of  any  kind  at  the  polls  in  the  precincts 
of  Darby ville  and  Johnsville.  Driggers  admitted  this  when 
examined  by  the  Potter  committee.  He  claimed  to  know 
that  some  illegal  votes  were  counted  at  Darbyville.  He  did 
not  know  exactly  how  many,  but  thought  there  were  four 
or  five.  As  to  Johnsville  he  knew  nothing,  but  had  been 
informed  that  there  had  been  some  irregularities  at  that  poll 
ing  place.  Allen ,t  the  sheriff,  testified  that  Driggers  told 
him  that  "  they  (the  republicans)  were  beat  in  the  state;  that 
something  must  be  done,"  and  that  "  he  proposed  to  have 
a  canvass  by  himself."  Allen  asked  him  how  he  could  get 
any  one  to  act  with  him  and  Driggers  replied  he  "  had  got 
it  all  right,"  that  he  "  had  a  commission  for  Bill  Green,  as 
a  justice  of  the  peace."  Allen  also  testified  that  they  had 
"no  evidence  at  all "  in  regard  to  the  Johnsville  precinct— 

*  H.  R.  Mis.  Doc.,  No.  31,  Part  2,  451!!  Cong.,  3d  Sess.,  pp.  18,  19, 

t  Ibid.  p.  18. 


CHANDLER'S  ADVANTAGE.          73 

they  merely   "believed  that  there  was  some  intimidation 
there -that  there  was  one  party  prevented  from  voting. 
In  regard  to  this  «  there  was  only  his  (loggers')  statement. 
As  to  the  Johnsville  precinct  he  testified  that  there  was 
"not  a  particle  of  evidence"  that  "  we  believed  that  there 
were  some  illegal  votes  cast  there."     The  returns,  so  far  as 
he  knew,  from  these  two  precincts  "  appeared  to  be  regular. 
During  the  time,  intervening  between  the  arrival  of  W. 
E   Chandler  and  his  associates,  and  the  beginning  of  1 
canvass  by  the    state  canvassers,  preparations  were  made 
for  the  contest.     A  number  of  democrats  from _  th< .North 
arrived,  at  different  times,  and  in  connection  with  the ^  local 
managers,  took   whatever  steps  they  could  to  defeat  the 
plans  of  their  opponents.     They  were  at  a  great  d.sadvan- 
age,  because  they  did  not  know  what  the  conspirators  ,r 
tended  to  do.     They  knew  that  on  the  face  of  the  returns 
from  all  the  counties,  the  Tilden  electors,  and  the  Demo 
cratic  state  ticket,  had  a  small  majority.     They  knew   also, 
that  there  had  been  a  return  from  Baker  county  made  by 
Driggers,  Allen,  and  Green,  but  they  did  not  know  that  the 
votes  of  two  precincts -Darby  ville  and  Johnsville  -  had 
been  omitted.     Their  only  legal  and  safe   ground  was  to 
stand  on  the  returns  and  combat  the  assumption,  by  the 
canvassers,  of  judicial  powers -to  insist  that  they  could 
not  go  behind  the  county  returns.     It  was  impossible  1 
them  to  know  what  returns  the  republicans  intended  to  at- 
ttck  or  what  evidence  they  had  manufactured  in  support  of 
their  contemplated  attacks.     The  only  thing  they  could  do 
was  to  discover  Republican  frauds  and  irregularities  and 
gather  the  best  evidence  thereof  they  could. 

The  evidence  *  since  brought  to  light,  proves  that 

.  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  3d  Sess.  pp.  468  to  47°.  477  to 
495-  525'  I00°  to  I493- 


74  A    POLITICAL    CRIME. 

E.  Chandler  was  satisfied  immediately  on  his  arrival  in  Tal 
lahassee  that  he  could  depend  absolutely  on  the  Republican 
members  of  the  canvassing  board.  His  plan  of  operations 
was  somewhat  altered,  after  he  discovered  that  the  face  of 
the  returns  gave  the  Tilden  electors  a  majority,  but  he  con 
gratulated  himself  on  the  way  this  was  offset  by  the  Drig- 
gers  return  from  Baker  county.  He  knew  perfectly  well, 
however,  that  it  would  not  do  to  stand  on  this  return  be 
cause,  it  was  irregular,  in  that  the  sheriff  had  no  authority, 
under  the  law,  to  join  in  the  canvass  except  on  account  of 
the  absence,  or  refusal,  of  the  county  judge,  or  county 
clerk,  to  act.  It  could  not  be  safely  claimed  that  the  county 
clerk  was  absent,  or  had  refused  to  join  with  Driggers,  in 
his  canvass.  One  thing  Mr.  Chandler  always  insists  upon 
knowing  —  the  weakness  of  his  own  case.  He  is  too  good 
a  lawyer  to  be  caught  napping  in  this  respect.  He  knew 
also,  beyond  question,  of  the  performances  of  Dennis'  tools 
in  Alachua  county,  and  of  Bowes'  in  Leon  county,  and 
Bell's  in  Jefferson  county.  He  accordingly  looked  for  ir 
regularities  in  other  counties  where  the  democrats  had  large 
majorities  and  prepared  to  have  rejected  the  entire  votes  of 
certain  counties,  and  of  particular  precincts  in  others. 

Another  advantage  the  Republican  conspirators  had  was 
their  exact  knowledge  of  what  was  going  on  in  Louisiana 
and  South  Carolina.  Chandler  had  arranged  ciphers  with 
Kellogg  and  Chamberlain,  that  present  paragon  of  politi 
cal  morality  and  civil  service  reform,  whereby  they  kept 
each  other  informed  from  day  to  day  of  what  was  transpir 
ing  in  their  respective  localities.  But  few  of  the  Republican 
cipher  dispatches  were  preserved.  By  an  arrangement  with 
the  telegraph  companies  they  were  enabled  to  withdraw 
the  ones  considered  most  damaging.*  When  the  Western 
*  H.  R.  Mis.  Doc.  31,  Part  4.  45th  Cong.  3d  Sess.  pp.  57,  60,  63. 


REPUBLICAN   CIPHERS. 

Union  Telegraph  Company  produced  the  dispatches  in 
obedience  to  subpoenas  of  the  Senate  and  House  of  Repre 
sentatives  in  January,  1877,  the  president  of  the  company 
caused  them  to  be  delivered  to  the  Senate  Committee  on 
Privileges  and  Elections.  Senator  Morton  was  chairman  of 
this  committee,  and  an  employe  of  the  Senate  allowed 
Postmaster-General  Tyner  to  abstract  his  telegrams  to  Zach. 
Chandler  *  The  same  employ^  abstracted  all  the  Demo 
cratic  dispatches  and  those  sent  and  received  by  the  repub 
licans  were  returned  to  the  telegraph  company  and 
immediately  destroyed.  A  few  of  the  Republican  cipher 
telegrams,  however,  were  saved.t  They  show  that  W.  E. 

*  H.  R.  Mis.  Doc.  31,  Part  4.    45th  Cong.  3d  Sess.  p.  33L 

"  Tallahassee,  Fla.,  Nov.  13,  1876. 


<"  ^^o^^ne^uf^w  posmve^ou.  Cotton.  ^  ,. 

"  New  Orleans,  Nov.  13,  1876. 

/  \  VVK-PFTT  CHASE   care  of  Gov.  Stearns,  Tallahassee,  Fla. 
(2)  rleSr.    Think  co«on  high-  how  there 


"  Tallahasse,  Fla.,  Nov.  16,  1876. 
fe  W.  E. 


grams  here  say  cotton  low  and  fever  spreaing..  .     . 

"  New  Orleans,  Nov.  16,  1876. 

(4)  EVERETT  CHASE,  care  Gov   Stearns,  Tallahassee,  Fla-  „ 
l4'    Doctors  plenty.     Cotton  high  sure  you  be  easy. 

"  New  Orleans,  Nov.  15,  1876. 

(5)  To  EVERETT  CHASE,  care  Gov.  Stearns  Tallahassee,  «*•  ,. 
(5)    Confident  cotton  high  :  only  keep  it  firm  there. 

"  Tallahassee,  Nov.  26,  1876. 


here.    Answer. 

These  dispatches  are  translated  as  follows  : 

i    Has  Kellogg  my  letter  (with  cipher).     Must  know  positively  about 


/O  A    POLITICAL    CRIME. 

Chandler  while  on  his  way  to  Florida  wrote  to  Wm.  Pitt 
Kellogg  and  enclosed  a  cipher  code  to  enable  them  to 
communicate  with  each  other.  Inasmuch  as  it  was  abso 
lutely  necessary  for  the  republicans  to  count  in  the  Presi 
dential  electors  of  Florida,  Louisiana,  and  South  Carolina, 
the  importance  of  this  inter-communication  will  be  readily 
perceived.  It  was  necessary  to  satisfy  the  members  of  the 
Returning  Boards  in  the  respective  states  that  the  conspir 
acy  was  going  to  be  successful.  If  one  of  the  three  states 
should  happen  to  go  for  Tilden  the  jig  would  be  up.  He 
required  only  one  electoral  vote.  The  Returning  Board 
rascals  were  willing  to  do  anything  that  was  required  of 
them,  provided,  they  knew  that  there  would  be  no  slip 
between  the  cup  and  the  lip.  If  there  was  danger  of  a  slip 
they  did  not  propose  to  take  any  chances. 

Another  important  fact  is  disclosed  by  these  dis 
patches — they  show  that  from  the  moment  Chandler  ar 
rived  in  Florida  he  knew  that  the  board  of  state  canvassers 
would  do  whatever  they  were  told  to  do  provided  men 
known  to  be  authorized  to  speak  for  Hayes  gave  the  proper 
assurances.  Those  from  Kellogg  beginning  Nov.  i3th, 
prove  that  before  the  Louisiana  Returning  Board  met,  and 
with  the  knowledge  that  the  Democratic  majority  approx- 


3.  Very  favorable  outlook  in  Florida.    Pay  no  attention  to  Democratic 
reports.     Telegrams  here  say  Louisiana  uncertain. 

4.  Returning  Board  all  right.     Louisiana  absolutely  sure.     You  may 
rest  easy. 

5.  Confident  about  Louisiana:  only  keep  Florida  all  right. 

6.  Democratic  reports  here  say  Returning  Board  uncertain  and  that 
Louisiana  will  be  for  them.     All  right  here. 

Zach.  Chandler  kept  W.  E.  Chandler  informed  about  the  situation  in 
South  Carolina. 

"  Washington,  Dec.  5,  1876. 
To  W.  E.  CHANDLER,  Tallahassee,  Fla. 

South  Carolina  cotton  high  absolutely.  Z.  CHANDLER." 

TRANSLATION.— South  Carolina  absolutely  safe. 


THE   FEAR    OF   THE    ROGUES.  77 

imated  8,000  votes,  he  had  no  doubt  of  the  final  result. 
The  Returning  Board  did  not  meet  to  begin  the  canvass  of 
the  votes  till  Nov.  iyth,  and  yet  on  the  i6th  Kellogg  tele 
graphed  to  Chandler  that  the  Returning  Board  was  all  right 
and  Louisiana  absolutely  sure.  Likewise  Zach.  Chandler 
in  Washington  was  daily  advised  and  in  turn  sent  the  favor 
able  news  from  one  to  the  other  of  the  different  sets  of  visit 
ing  statesmen.  All  the  indicia  of  conspiracy  are  made 
plain  by  these  few  cipher  dispatches  which  have  come 
down  to  us  by  a  lucky  chance. 

The  members  of  the  Returning  Boards  and  all  the  sub 
ordinate  politicians  of  the  three  states  whose  nineteen  elect 
oral  votes  were  needed  to  give  Hayes  one  majority  realized 
that  it  was  a  stupendous  undertaking— that  the  margin  was 
narrow,  and  the  danger  of  failure,  and  consequently  the 
risks  very  great.     Moreover,  they  were  naturally  suspicious. 
They  had  an  intuitive  fear  of  Hayes.     They  knew  that  the 
local  Democratic  leaders  were  far  more  anxious  to  get  pos 
session  of  the  State  governments  than  they   were  for  the 
success  of  the  national  ticket.     Undoubtedly  they  would 
prefer  the  Federal  government  to  be  turned  over  to  the  na 
tional  democracy,  but  if  they  had  a  chance  to  trade  for  one 
it  would  always  be  their  State  government  they  would  in 
sist  upon.     In  such  a  contingency  as  this  the  "carpet-bag 
and   scallawag"  politicians  honestly  believed   they  would 
have  to  cut  and  run.     They  knew  perfectly  well  that  they 
were  liable  to  prosecutions  for  divers  evil  deeds,  and  that, 
if  justice  was  meted  out  to  them,  their  future  abiding  places, 
for  years  to  come,  would  be  within  the  walls  of  the  pel 

tentiaries. 

On  the  other  hand  it  was  plain  to  them  that  the  1 
tation  to  trade  on  the  part  of  prominent  Republican  leaders 
was  great.     The  success  of  the  national  ticket  meant  every- 


78  A    POLITICAL    CRIME. 

thing  to  them — the  loss  of  the  state  governments  in  three 
southern  states  and  the  sacrifice  of  a  few  carpet-baggers 
and  scallawags  would  not  matter  much.  The  sheet  anchor 
of  hope  to  the  local  rascals  was  their  knowledge,  and  the 
certainty  that  they  could  make  their  peace  any  time,  before 
the  work  was  finished,  by  disposing  thereof  to  the  demo 
crats.  They  were  at  no  pains  to  conceal  their  fears,  their 
suspicions,  and  to  make  known  their  determination  to  un 
load,  the  instant  they  discovered  a  disposition  to  sell  them 
out.  They  kept  close  watch  on  the  Republican  as  well  as 
upon  the  Democratic  visitors.  Their  influence  over  the  ne 
groes  was  complete.  They  knew  their  value  as  eves- 
droppers,  spies,  and  detectives.  Darkeys  watched  and  lis 
tened  about  the  quarters  of  republicans  and  democrats,  and 
reported  everything  they  saw,  or  heard,  to  their  carpet-bag 
and  scallawag  friends. 

The  Republican  visiting  statesmen  knew  of  these  fears 
and  suspicions  and  hence,  they  were  constant  and  emphatic, 
not  only  in  their  own  professions  of  esteem  and  confidence, 
but  dwelt  often  and  earnestly  on  the  fact  that  Mr.  Hayes  was 
the  devoted  friend  of  southern  white  and  black  republicans. 
They  made  skilful  use  of  Hayes'  declaration  the  day  after 
the  election  when  believing  he  was  defeated  he  said  :*  "  I 
don't  care  for  myself.  The  party,  yes,  and  the  country, 
too,  can  stand  it ;  but  I  care  for  the  poor  colored  men  of 
the  South."  This  was  the  acme  of  unselfishness!  The 
man  that  uttered  these  words,  who  thought  not  of  himself 
in  the  hour,  as  he  supposed,  of  defeat,  but  of  "the  poor 
colored  men "  would  never  desert,  or  suffer  to  be  deserted  a 
southern  white  or  black  man,  who  had  been  faithful  through 
times  that  had  tried  the  faith  of  the  truest  and  tested  the 

*  Interview  with  Mr.   Hayes  published  Nov.  o    1876      N   Y    Sun 
Nov.  9,  1876. 


CHANDLER'S    PURPOSE.  79 

courage  of  the  bravest!  There  was  no  lack  of  fine  talk  on 
the  part  of  Mr.  Hayes'  friends  in  Florida.  It  was  for  this 
protesting  and  pledging  that  Chandler  wanted  Stanley 
Mathews  and  others  close  to  Hayes  sent  to  Tallahassee. 
He  got  Noyes  who  unquestionably  was  not  a  laggard  in 
the  work  assigned  him.  Chandler's  purpose  was  doubt 
less  a  double  one— first  to  have  all  doubting  Thomases  con 
vinced,  and,  second,  to  have  Hayes  irrevocably  pledged  to 
an  ultra  southern  policy. 


80  A    POLITICAL    CRIME. 


CHAPTER    V. 


The  canvass  of  the  county  returns :  Chandler  outwitted  the  Democratic 
visitors:  The  Baker  county  return  again:  Hamilton,  Jackson, 
Manatee,  and  Monroe  counties:  The  votes  therefrom  unjustly 
excluded  by  the  State  canvassers :  The  Republican  frauds  in 
Alachua  county :  The  confession  of  Dennis  :  The  disgraceful  con 
duct  of  ex-Governor  Noyes :  The  frauds  in  Leon  and  Jefferson 
counties:  The  confessions  of  Bowes  and  Bell:  The  plans  of 
Chandler  nearly  defeated  by  Barlow :  The  conduct  of  Barlow  con 
sidered  :  Cowgill's  scruples  overcome. 


THE  canvass  of  the  county  returns  began  at  Tallahassee  on 
the  27th  of  November  with  the  understanding  that  all  the 
returns  should  be  first  read  alphabetically  by  counties  and 
then  taken  up  for  objections,  protests,  and  contests.  Baker 
county  was  reached  early.  The  democrats  were  completely 
surprised  by  the  reading  of  the  Driggers  return.  They 
knew  that  a  canvass  had  been  made  by  Driggers,  Allen,  and 
Green.  They  should  have  promptly  demanded  the  produc 
tion  of  the  Coxe  and  Dorman  return,  of  which  they  had 
a  certified  copy  in  their  hands.  They  contented  them 
selves  with  announcing  that  this  certified  copy  would 
"show  a  change  of  votes  of  over  one-half."  They  an 
nounced  their  purpose  of  contesting  the  one  read  and  asked 
time  "because,  some  of  the  proofs  will  have  to  be  pre 
pared."  Mr.  McLin  suavely  assured  than  they  would  "ex 
tend  all  the  liberality  we  can."*  It  was  not  till  after  recess, 

*  Senate  Report,  No.  611,  p.  423. 


A    PRETEXT   WANTED.  8 1 

late  in  the  evening  that  the  Democratic  counsel  demanded 
the  production  and  reading  of  the  other  and  true  return 
from  Baker  county.  Chandler  was  prompt  and  adroit  in 
interposing  dilatory  talk  without  offering  any  objection. 
After  a  good  deal  of  parleying  and  much  discussion  of 
other  matters  the  true  Baker  return  was  finally  read,  but  in 
the  meantime  Chandler  had  made  his  first  point,  by  having 
the  associated  press  telegraph  to  every  quarter  that  the 
Hayes  electors  had  a  majority  on  the  face  of  the  returns. 
The  production  and  reading  of  the  Driggers  return  from 
Baker  county,  and  the  delay  in  bringing  out  the  true  one 
from  that  county,  made  it  appear  on  the  face  of  the  returns 
that  the  republicans  had  a  majority  when  in  reality  the 
democrats  had  a  majority  of  ninety-one  votes. 

It  was  not  the  purpose  of  Chandler  to  insist  upon  the 
actual  canvassing  of  the  Driggers  return  from  Baker  county. 
He  wanted  a  pretext  for  the  Returning  Board  assuming  ju 
dicial  functions.  He  knew  very  well  that  one  of  the  neces 
sary  powers  of  the  state  canvassers  was  to  decide  upon  the 
regularity  and  truthfulness  of  the  returns  before  them  — 
that  such  a  power  was  the  inevitable  concomitant  of  the 
power  to  canvass  returns.  He  knew  that  the  precinct  re 
turns  would  be  before  the  board  and  that  there  was  no  evi 
dence  whatever  to  invalidate  those  of  the  Darbyville  and 
Johnsville  polls.  He  knew  that  the  power  to  discriminate, 
in  this  particular,  was  altogether  different  from  judicial 
authority— but  he  did  not  mean  that  the  canvassers  should 
draw  this  distinction.  He  knew  his  case,  and  he  knew  the 
canvassers,  and  was  the  master  of  both. 

The  counties*  giving  Democratic  majorities  which  were 

*  Senate  Report  No.  611,  44th  Cong,  and  Sess.  pp.  151—4.  35°"— '64, 
416—25,  201—2.  Also  H.  R.  Mis.  Doc.  No.  31,  Part  2,  45th  Cong.  3d 
Sess.  pp.  i  to  171. 

6 


82  A    POLITICAL    CRIME. 

selected  for  attack  were  Hamilton,  Jackson,  Manatee,  and 
Monroe.  At  poll  No.  2  in  Jasper  precinct,  Hamilton 
county,  there  were  320  votes  for  the  Tilden  and  189  for  the 
Hayes  electors.  The  ground  of  objection  to  receiving  the 
vote  was  the  affidavits  of  two  Republican  inspectors,  who 
conducted  the  election,  that  they  had  absented  themselves 
at  different  times  during  the  day  from  the  polls.  There  was 
no  pretence  of  fraud  or  illegal  voting.  The  state  canvassers 
threw  out  the  vote  of  this  poll.  Campbellton  precinct, 
Jackson  county  gave  291  votes  for  the  Tilden  and  77  for 
the  Hayes  electors.  The  inspectors  went  to  dinner  after 
locking  the  ballot-box  in  a  secure  place  and  left  the  key 
with  "the  Republican  inspector  who  certified  to  the  returns 
and  testified  that  there  was  no  fraud  or  wrong  about  the 
election."  This  precinct  was  rejected  by  the  state  canvassers. 
Friendship  precinct,  Jackson  county,  gave  145  Democratic, 
and  44  Republican  votes,  and,  because,  the  colored  inspec 
tors  left  the  church,  where  the  election  was  held,  to  go  to  a 
neighboring  house  for  lights  and  paper,  and  there  completed 
their  return,  it  was  cast  out. 

The  entire  vote  of  Manatee  county —  262  for  the  Til 
den,  and  26  for  the  Hayes  electors,  was  rejected  on  the 
ground  that  there  had  been  no  registration,  when  the  fact 
was,  that  Governor  Stearns  would  not  appoint  a  county 
clerk  in  order  that  there  might  not  be  a  registration  of 
voters  in  this  strong  Democratic  county.  The  proper  offi 
cers  had  held  the  election  and  administered  an  oath  to 
every  voter  as  follows  :  — "  You  do  solemnly  swear  that 
you  are  twenty-one  years  of  age,  and  that  you  are  a  citizen 
of  the  United  States,  and  have  resided  in  this  state  for  one 
year  and  in  this  county  six  months  next  preceding  this 
election  and  that  you  have  not  voted  at  this  election  and 
are  not  disqualified  to  vote  by  the  judgment  of  any  court." 


ILLEGAL    DECISIONS.  83 

There  was  no  allegation  of  fraud  or  pretence  that  the  elec 
tion  was  not  fairly  and  honestly  conducted.  And  yet  on  the 
ground  of  no  registration,  for  which  the  governor  was  him 
self  responsible,  the  entire  vote  was  thrown  out. 

Precinct  No.  3,  Key  West,  Monroe  county,  is  the  white 
quarter  and  therein  reside  the  bulk  of  the  white  voters  of 
the  place.  The  vote  polled  at  this  precinct  were  for  the 
Tilden  electors  401,  and  for  the  Hayes  electors  59.  On  the 
ground  that  the  election  officers  did  not  complete  their  re 
turns  on  the  day  of  the  election,  but  without  any  charge  of 
wrong-doing  or  fraud  this  precinct  was  rejected  by  the  state 
canvassers.  The  proof  submitted  in  support  of  the  fairness 
of  the  election  at  this  poll,  and  the  honesty  of  the  return 
made  by  the  officers,  was  overwhelming.  The  ballots  were 
counted  after  the  poll  closed  the  night  of  the  election  and 
the  result  announced.  The  certificate  was  partly  made  out 
when  a  bottle  of  ink  was  spilt  on  it  and,  therefore,  a  new 
one  had  to  be  made.  Thereupon,  this  work  was  postponed 
till  the  next  morning.  At  that  time  the  ballots  were  re 
counted  and,  saving  one  more  ballot  found  for  the  republi 
cans,  the  result  tallied  exactly  with  the  announcement  the 

night  before. 

The  evidence  submitted  to  the  state  canvassers  in  regard 
to  poll  No.  2,  Jasper  precinct,  Hamilton  county,  consisted 
of  affidavits  made  by  the  two  Republican  inspectors  and  S. 
L.  Taylor,  deputy  United  States  marshal.  They  proved 
only  that  the  Republican  officers  of  the  election  were  care 
less  but  imputed  no  wrong-doing  by  anybody.  There  was 
no  accusation  of  intimidation  and  no  allegation  that  the 
votes  returned  were  not  actually  cast. 

The  evidence  about  Cambellton  precinct,  Jackson 
county,  was  collected  by  M.  C.  Cooper,  deputy  U.  S.  mar 
shal,  Z.  L.  Tidball,  and  Wm.  T.  Henderson,  post-office  in- 


84  A    POLITICAL    CRIME. 

specters  who  went  to  Jackson  county,  accompanied  by  a 
detachment  of  thirty  United  States  soldiers,  commanded  by 
three  commissioned  officers.  They  pretended  to  have  found 
112  negroes  who  swore  that  they  voted  the  Republican 
ticket  at  Campbellton  precinct.  They  could  have  easily 
obtained  twice  as  many  to  have  sworn  to  the  same  effect. 
The  troops  would  march  to  a  church  or  house  and  the 
negroes  were  collected  in  squads  and  their  names  written 
down  by  Tidball.  The  effect  of  the  display  of  soldiers  on 
the  ignorant  blacks  may  readily  be  imagined. 

The  ballot-box,  during  the  adjournment  for  dinner,  was 
proved  by  Republican  witnesses  to  have  been  perfectly  pro 
tected  in  a  room  to  one  door  of  which  the  Republican  in- 
pector  had  the  key  and  at  the  only  other  door  a  Republican 
supervisor  was  stationed.  The  Republican  inspector  testi 
fied  that  the  election  was  fair  and  honest,  and  that  the 
ballots  were  counted  and  the  return  made  in  the  presence 
of  United  States  supervisors  and  others,  and  that  there  was 
no  opportunity  for  fraud.  It  was  conclusively  shown  that 
many  negroes  voted,  of  their  free  will,  the  Democratic  ticket. 

The  failure  *  to  register  the  voters  of  Manatee  county, 
which  was  the  pretext  for  rejecting  the  whole  vote  of  that 
county,  was  the  result  of  the  refusal  of  Governor  Stearns 
to  appoint  a  registration  officer.  There  can  be  no  doubt 
that  this  was  deliberate,  and  for  the  purpose  of  laying  the 
foundation  for  rejecting  the  vote  of  this  Democratic  county, 
if  the  necessity  therefor  arose  after  the  election.  There  was 
no  irregularity  alleged  to  have  occurred  on  the  day  of  the 
election,  and  no  pretence  that  any  republican  was  prevented 
from  voting.  The  only  evidence  the  state  canvassers  had 
was  the  affidavit  of  James  D.  Green,  deputy-collector  of  the 
port  of  Manatee,  which  was  supported  by  certificates,  as  to 

*  Senate  Report  No.  611  4^th  Cong.  2nd  Sess.  p.  356. 


REPUBLICAN    FRAUDS.  85 

character,  from  L.  G.  Dennis,  W.  H.  Gleason,  F.  N. 
Wicker,  Joseph  Bowes,  John  Varnum,  and  others  of  like 
repute. 

The  evidence  *  upon  which  the  state  canvassers  acted 
in  rejecting  poll  No.  3,  Key  West,  Monroe  county,  was 
manufactured  by  F.  N.  Wicker,  collector  of  customs,  Key 
West,  and  Manuel  Govin,  postmaster  at  Jacksonville.  It 
was  completely  rebutted  by  the  evidence  of  unimpeached 
and  unimpeachable  witnesses.  It  was  shown  that  the  Re 
publican  vote  was  the  largest  ever  cast  at  this  poll. 

The  Returning  Board  ignored  entirely  the  gross  frauds 
perpetrated  by  Republican  election  officers  in  other  coun 
ties  notwithstanding  the  proof  thereof  was  conclusive.  Note 
the  following  instances  : 

L.  G.  Dennis  was  the  Republican  boss  of  Alachua 
county.  His  influence  with,  and  control  over,  the  negroes 
was  practically  unlimited.  He  appears  to  have  had  a  repug 
nance  to  committing  perjury  himself,  but  in  every  other  re 
spect  he  was  unscrupulous.  He  would  suborn  perjury  and 
encourage  and  countenance  every  description  of  political 
rascality.  Two  of  his  negro  tools,  Richard  H.  Black  and 
Thomas  H.  Vance  were  respectively,  clerk  and  inspector,  of 
the  election  held  at  Archer  precinct,  box  2,  Alachua  county. 
Dennis  t  related  to  the  Potter  committee  what  transpired 
at  his  home  on  the  night  of  the  election.  Black  and  Vance 
"  brought  with  them  a  blank  for  the  returns  of  the  election 
already  signed  and  sealed,  but  as  to  which  the  figures  re 
mained  to  be  filled  in."  They  had  procured  the  Demo 
cratic  inspector,  who  could  not  read  or  write,  to  affix  his 
mark  to  the  blank  return,  f  "  They  were  asked  by  Dennis 

*  H.  R.  Mis.  Doc.  No.  35,  44th  Cong,  ad  Sess.  pp.  92 — 94. 

t  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  31!  Sess.  pp.  477,  483,  534. 

|  Ibid,  p.  ii. 


86  A    POLITICAL    CRIME. 

what  was  the  vote  at  the  precinct  where  they  had  attended, 
and  they  informed  him  that  it  was  178  Republican  and  141 
Democratic ;  and  they  had  so  announced  it  at  the  polls.  At 
that  he  expressed  great  indignation,  and  declared  that  the 
business  had  not  been  properly  managed  or  no  such  result 
could  have  been  reached.  They  expressed  contrition  and 
their  willingness  to  correct  any  error  that  had  occurred  in 
the  returns.  He  accordingly  furnished  them  with  an  upper 
room,  and  with  a  printed  list  of  the  voters  of  the  county, 
and  from  that  printed  list  they  proceeded  to  add  219 
names  to  the  poll  list,  and  as  many  votes  to  the  Republi 
can  candidates.  This  brought  the  vote  up  to  a  total  of  397 
Republican  and  141  Democratic,  and  their  return  was  filled 
up  to  correspond  with  this  result.  This  fraudulent  return 
was  then  forwarded  to  the  county  canvassers,  and  embraced 
in  their  return  to  the  state  canvassers,  notwithstanding  one 
of  the  inspectors  at  that  poll  made  affidavit  that  the  return 
was  false  and  forged.  The  visiting  statesmen  allotted  to  ex- 
Governor  Noyes  the  task  of  maintaining  the  truth  and  fair 
ness  of  this  return  before  the  state  canvassers." 

The  democrats  attacked  the  return  on  account  of  the 
219  votes  added.  Dennis  had  exerted  himself  to  the  ut 
most  to  bolster  the  false  return  from  Archer  No.  2  with  affi 
davits.  His  coadjutors  were  W.  K.  Cessna,  county  judge, 
Josiah  T.  Wells,  ex-member  of  Congress  and  canditate  for 
state  senator  from  the  thirteenth  district,  J.  A.  Barnes, 
register  of  U.  S.  Land  office,  Gainesville,  Fla.,  David 
Brown,  U.  S.  deputy  marshall,  and  Joseph  Bowes,  of  Leon 
county.  Dennis  procured  Green  R.  Moore,*  one  of  the 
Democratic  inspectors,  to  sign  an  affidavit  corroborating  the 
statements  of  Black  and  Vance  by  paying  him  therefor 
$100.  Wells  secured  a  like -affidavit  from  Floyd  Dukes  t 

*  H.  R.  Mis.  Doc.  No.  35.  44th  Cong.  2d  Sess.  p.  103. 
t  Ibid,  p.  197. 


DENNIS'    CONFESSION.  87 

for  $2<      The  state  canvassers  counted  the  return  made  by 
Black  and  Vance  with  its  219  fraudulent  votes  added. 

But  when  ex-Governor  E.  H.  Noyes,  of  Ohio  to  whom 

was  ass,gned  the  defence  of  the  Alachua  fraud  before  the 

L  canvassers,  wanted  Dennis  to  give  his  testunony,  he 

was  given  to  understand  that  Dennis  did  not  propose  to  do 

any  swearing.     The  following  is  the  testimony  of 

on  this  point.* 

Q  "Did  Mr.  Noyes  ask  you  to  become  a  witness 
yourself  in  regard  to  that  precinct?"  A.  "  Yes  sir." 

O  "Were  you  a  witness  or  had  you  made  an  affidavit 
with  reference  to  box  No.  ,  of  Archer  precinct,  which  affi 
davit  was  to  be  used  before  the  Returning  Board?  A 
"No,  Sir;  I  never  made  any  statement  whatever  f 


State  the  conversation  which  took  place  between 
vou  and  Mr.  Noyes  in  regard  to  your  appearing  as  a  wit- 
ness  before  the  Returning  Board  in  reference  to  box  No.  a 
at  Archer  precinct?"  A.  «  He  did  express  that  desire  several 
times  I  do  not  know  that  he  ever  spoke  of  it  but  once  as 
though  he  intended  to  put  me  on  the  stand,  and 
vised  him  not  to  do  it." 

Q   "What  did  you  say  to  him  and  what  did  he  say  tc 
vou?"    A    "I  do  not  recollect  the  exact  words,  but  I  think 
he  said  in'  a  familiar  sort  of  a  way  that  he  should  put  me  on 
the  stand  that  day.     I  suggested  to  him  that  I  should  be  a 
detriment  to  his  case  if  he  did,  and  that  I  thought  he  had 

better  not  do  it." 

Q    "Can  you  repeat  the  exact  words  which  you  used 
in  reference  to  your  being  a  detriment  to  his  case?"    A  « 
cannot,  but  I  made  it  strong.     I  may  have  said  that  unless 
he  was  ready  to  abandon  his  case,  he  had  better  not  put 
*  H.  R.  Mis.  Doc.  No.  35,  45<h  Cong.  3d  Sess.  p.  4?8. 


88  A    POLITICAL    CRIME, 

me  on  the  stand.  I  may  have  made  it  as  strong  as  that. 
I  wanted  to  give  him  to  understand  that  I  did  not  want  to 
go  on  the  stand  to  make  any  statement  under  oath.  I 
cannot  repeat  the  exact  words  ;  but  it  was  said  with  suf 
ficient  force  to  have  the  desired  effect." 

Q.  "  Did  Governor  Noyes  after  you  told  him  in  some 
form  of  words  that  it  would  be  inconvenient  to  his  case  to 
put  you  on  the  stand,  ever  refer  to  that  refusal  on  your  part 
to  go  on  the  stand  in  any  form  of  words  ?"  A.  "  I  think  he 
jocosely  said  one  day  that  I  was  not  very  forward  about 
swearing,  or  something  of  that  kind." 

Q.  "Wasn't  it  something  like  this:  'you  talk  well 
enough,  Dennis,  but  you  don't  swear?'"  A.  "Something  to 
that  effect." 

The  ex-Governor  and  the  confidential  friend  of  Hayes 
joking  with  the  man  who  had  gotten  up  the  evidence  to 
support  his  case  because  he  would  not  do  any  swearing 
himself  !  It  was  indeed  a  strange  thing  to  jest  about.  It 
gave  the  distinguished  representative  of  Hayes  who  was  in 
Florida,  in  the  language  of  the  President  "to  see  a  fair 
count  of  the  ballots  actually  cast,"  no  concern  that  the  man 
who  knew  the  most  about  the  returns  from  Archer  precinct 
was  not  only  unwilling  to  be  a  witness,  but  who  told  him 
plainly  that  he  would  have  to  abandon  his  case  if  he  was 
put  on  the  witness  stand!  And  that  "visiting  statesman," 
after  this,  not  only  advocated  the  counting  of  the  return 
from  Archer  precinct,  but  joked  with  Dennis  about  his  re 
luctance  to  perjure  himself! 

Joseph  Bowes*  who  was  an  inspector  at  precinct  num 
ber  13,  Leon  county,  "procured  a  lot  of  small  Republican 
tickets  to  be  printed  in  very  fine  type,  and  on  thin  paper. 


'  153  MiS'  D°C'  N°'  3I>  Part  2'  45th  Cong>  3d  Sess>  pp'  79' 


"THE    LITTLE    JOKERS."  89 

These  tickets,  spoken  of  in  Florida  as  "little  jokers,"  he  had 
printed  at  the  official  Republican  printing  office.  Before  the 
election  he  showed  them  to  McLin,  and  stated  his  purpose 
of  using  them.  The  plan  was  to  fold  them  up  inside  the 
ballots  that  were  voted,  and  have  them  surreptitiously  cast, 
or  otherwise  to  smuggle  them  into  the  ballot  boxes,  which 
their  small  size  easily  admitted  of.  McLin  advised  Bowes 
not  to  use  them.  After  the  election  Bowes  stated  that  he 
had  managed  to  smuggle  seventy-three  of  them  into  the 
boxes  in  his  precinct,  and  he  told  McLin,  after  the  state 
had  been  awarded  to  the  democrats,  and  it  was  known 
Drew  was  to  be  governor,  that  he  was  in  a  scrape  on  this 
account,  and  that  he  had  to  clear  out  for  stuffing  the  boxes. 
It  was  claimed,  because  these  ballots  were  found  loose  in 
the  box  and  not  folded  inside  the  other  tickets  that  they 
had  been  regularly  cast;  but  it  would  have  been  very  easy 
to  have  produced  that  effect,  either  by  some  other  manner 
of  stuffing  the  box  than  the  one  originally  proposed,  or  by 
shaking  the  box  after  they  were  deposited  and  thus  scatter 
ing  them,  and  that  circumstance  is  of  no  weight  against 
Bowes'  own  admissions,  and  against  the  evidence  of  the 
persons  receiving  the  ballots,  that  not  one  of  these  small 
ballots  was  voted.* 

The  evidence  establishing  this  fraud  of  ballot  box  stuff 
ing  was  before  the  Returning  Board  but  the  return  for  pre 
cinct  No.  13,  Leon  county,  was  accepted. 

James  Bell,t  county  judge  of  Jefferson  county,  and  clerk 
of  the  election  board  for  Waukenah  precinct  No.  7,  Jeffer 
son  county,  stole  a  bundle  of  one  hundred  Democratic 
tickets,  which  the  inspectors  had  tied  up  as  they  were 
counting  the  ballots,  and  substituted  therefor  100  Republican 

*  H.  R.  Mis.  Doc.  No.  31,  45th  Cong,  ad  Sess.  p.  n. 
t  Ibid,  p.  99,  126,  130. 


90  A    POLITICAL    CRIME. 

tickets.  Bell  confessed  this  crime  to  McLin  and  fled  the 
state  to  avoid  prosecution.  The  fact  of  the  stuffing  the 
ballot  box  at  Waukenah  precinct  No.  7,  was  proven  before 
the  Returning  Board  and  yet  the  return  was  accepted  and 
counted. 

Moses  J.  Taylor*  clerk  of  the  circuit  court,  Jefferson 
county,  was  inspector  of  poll  No.  i,  Monticello  precinct. 
In  counting  the  ballots  they  were  separated  first  into  lots — 
Democratic  ballots,  in  one  pile,  and  Republican,  in  an 
other.  When  the  return  was  made  only  five  Democratic 
votes  were  credited.  Taylor  undoubtedly  stole  all  but  five  of 
the  Democratic  ballots  and  substituted  therefor  Republican 
ones.  Ten  Democratic  voters,  residents  of  this  precinct, 
whose  votes  were  not  counted,  made  affidavit  that  they  had 
voted.  William  Scott  who  was  United  States  supervisor 
for  this  precinct  testified  that  Taylor  admitted  that  more 
than  five  democrats  had  voted. 

It  was  further  proved  that  the  registration  f  of  Jefferson 
county  was  fraudulent  and  that  it  was  made  in  the  interest 
of  the  republicans  and  to  facilitate  frauds  by  Moses  J.  Tay 
lor,  the  county  clerk.  The  state  canvassers  accepted  and 
counted  the  returns  from  Jefferson  county. 

The  nicely  laid  and  thoroughly  executed  plans  of  W. 
E.  Chandler  came  very  near  being  undone  by  the  scrupu 
lousness  of  one  of  the  Republican  visiting  statesmen.  The 
conduct  of  Francis  C.  Barlow,  ex- Attorney-General  of  New 
York,  who  went  to  Florida  at  the  request  of  President 
Grant  "to  witness  a  fair  count  of  the  ballots  actually  cast," 
does  not  deserve  undiscriminating  commendation.  He  ap 
pears  to  have  considered  that  it  was  his  duty  to  render 
whatever  service  he  could  to  the  Republican  side,  but  to  re- 

*  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  3d  Sess.  p.  n. 

t  H.  R.  Mis.  Doc.  No.  35,  44th  Cong,  ad  Sess.  pp.  146-7-8. 


FRANCIS    C.    BARLOW.  91 

frain  from  absolute  conclusions  in  regard  to  the  result  which 
ought  to  be  reached  by  the  canvassers  until  all  the  evi 
dence  was  in.  His  participation  in  the  work  of  preparation, 
his  undertaking  to  supervise,  and  assist  in,  the  getting  up 
of  evidence  to  sustain  the  returns  from  certain  Republican 
precincts,  was  not  inconsistent  with  his  intention  to  be  fair 
and  impartial.  He  was  not  then  acquainted,  either  with 
the  character  of  the  men  with  whom  he  was  dealing,  or  ad 
vised  that  they  had  committed  and  aided  in  the  commission 
of  gross  frauds.  He  was  an  intense  partisan  and  sincerely 
desired  the  election  of  Hayes.  His  bias  was  in  favor  of 
Florida  republicans  and  his  prejudice  strong  against  their 
Democratic  opponents.  That  he  should  have  hesitated  to 
come  to  a  conclusion  adverse  to  his  own  feelings  was 
natural,  and  that  he  did  become  convinced  that  a  fair  and 
discriminating  canvass  of  "the  ballots  actually  cast"  entitled 
the  Tilden  electors  to  the  certificate  of  election  by  the 
board  of  canvassers,  was  deserving  of  the  approval  of  hon 
orable  men.  There  can  be  no  doubt  as  to  the  sincerity  and 
honesty  of  Mr.  Barlow's  purpose.  His  character,  estab 
lished  by  an  honorable  career  both  before  and  since  that 
period,  is  sufficient  warrant  for  this  conclusion. 

It  is,  nevertheless,  evident  that  Mr.  Barlow  lacked,  in 
some  degree,  moral  courage.  He  had  an  exalted  idea  of  the 
position  he  occupied  in  Florida.  He  had  been  personally 
invited  to  go  there  by  the  President  of  the  United  States, 
who  had  published  to  the  world  his  desire,  "  that  representa 
tives  and  fair  men  of  both  parties,"  should  go  "  to  see  that 
the  board  of  canvassers  make  a  fair  count  of  the  ballots  ac 
tually  cast."  He,  also,  believed  that  the  President  was  sin 
cere  when  he  declared  that  "  no  man  worthy  of  the  office 
of  President  would  be  willing  to  hold  the  office  if  counted 
in,  placed  there  by  fraud."  Hence,  as  Mr.  Chandler  testi- 


92  A    POLITICAL    CRIME. 

fied,  before  the  Potter  Committee,*  Mr.  Barlow  said  to  "him 
soon  after  his  arrival  at  Tallahassee  that  he  was  there  "  by 
the  request  of  the  President "  and  "  to  see  that  there  was  a 
fair  count,  and  that  nothing  wrong  was  done  on  either  side:" 
and  that  he  also  said,  "  that  Governor  Hayes  would  not 
take  the  Presidency  if  there  was  any  fraud  in  connection 
with  the  count :  that  if  he  thought  there  was  any  danger  of 
his  being  counted  in  by  fraudulent  methods  some  elector 
chosen  as  a  Republican  would  vote  for  Tilden  at  Governor 
Hayes  request."  Mr.  Chandler  characterized  these  declar 
ations  by  Mr.  Barlow,  as  "  some  such  stuff  as  that  in  con 
nection  with  this  intimation  to  me  that  he  was  not  there 
merely  as  counsel."  Mr.  Chandler  did  not  believe  that  the 
President  meant  that  his  declarations  should  be  accepted 
literally  by  "  visiting  statesmen."  But  on  the  other  hand 
Mr.  Barlow,  doubtless,  thought  that  the  President  was  sin 
cere  in  the  expressions  already  quoted  as  well  as  in  the  one 
with  which  he  closed  his  famous  dispatch  of  November  10, 
1876,  to  General  Sherman — to  wit — :  "  Either  party  can  afford 
to  be  disappointed  in  the  result,  but  the  country  cannot  af 
ford  to  have  the  result  tainted  by  the  suspicion  of  illegal  or 
false  returns." 

It  is  clear  from  all  the  evidence  in  existence  that  Mr. 
Barlow  did  not  intend  to  deceive  his  Republican  associates 
or  to  practise  treachery  in  his  relations  to  Florida  republi 
cans.  Dennis  f  soon  discovered  that  Barlow  was  not  the 
kind  of  a  lawyer  he  wanted  to  assist  him  in  the  preparation 
and  advocacy  of  the  Alachua  case.  He  wanted  a  man 
without  conscientious  scruples  and,  therefore,  he  demanded 
that  Barlow  should  be  retired  and  Noyes  assigned  to  the 
duty  of  getting  up  evidence  in  support  of,  and  defending  the 

*  H.  R.  Mis.  Doc.  No.  31.    45^1  Cong.  3d  Sess.  p.  1398. 
t   Ibid,   p.  478. 


BARLOW'S  "  IDIOSYNCRASY."  93 

returns  from  Archer  precinct  No.  2,  Alachua  county.  Mr. 
Chandler  as  he  admits  ceased  to  have  entire  confidence  in 
Barlow  from  the  time  he  talked  "  stuff"  as  to  Hayes  not  ac 
cepting  the  Presidency  if  he  was  not  entirely  satisfied  about 
the  methods  by  which  he  obtained  it.  Unquestionably 
Chandler  had  a  truer  appreciation  of  Mr.  Hayes  character 
than  Barlow  had,  and  understood  better  the  intent  of  the 
President's  "  glittering  generalities,"  but  he  was  exceedingly 
careful  not  to  break  with  the  man  who  thought  otherwise. 
He  knew  that  Barlow  was  a  man  of  "  many  idiosyncrasies,"* 
and  feared  that  he  might  persist  in  his  "  lofty  purposes  "  if 
not  adroitly  and  prudently  managed.  Chandler  did  not  want 
his  adversaries  to  have  the  benefit  of  the  moral  effect  of  the 
open  desertion  of  one  of  "the  representatives  and  fair  men" 
who  had  come  to  Florida  at  the  request  of  the  President  "to 
see  that  the  board  of  canvassers  made  a  fair  count  of  the  bal 
lots  actually  cast."  Therefore,  he  humored  Mr.  Barlow  and 
endeavored  to  commit  him  in  every  possible  way  during  the 
progress  and  at  the  conclusion  of  the  public  hearing  of  the 
Returning  Board.  He  preserved  carefully  the  originals  of 
papers  prepared  by  Barlow,  and  induced  him  to  put  in 
writing  a  summary  of  facts  claimed  to  have  been  established 
to  be  read  to  the  board. t  And,  even,  when  he  discovered 
that  Barlow  was  privately  advising  one  of  the  canvassers  to 
apply  the  same  principles  to  contested  Democratic  returns 
which  he  applied  to  disputed  Republican  votes,  Mr.  Chan 
dler  made  no  row  —  did  not  suffer  his  anger  to  get  the  bet 
ter  of  his  discretion. 

Mr.  Barlow's  idea  of  the  legal  powers  of  the  Returning 
Board  was  erroneous,  as  the  prior  and  subsequent  decisions, 

*  H.  R.  Mis.  Doc.  No.  31.  45th  Cong.  3d  Sess.  p.  1398.  —  Testimony 
of  W.  E.  Chandler. 

t  Testimony  of  W.  E.  Chandler,  Ibid  p.  1398. 


94  A    POLITICAL    CRIME. 

of  the  supreme  court  of  the  state  demonstrate.  He  acted 
upon  the  assumption  that  the  board  could  exercise  judicial 
powers  and  determine  the  legality  of  the  votes  returned  out 
side  the  certificates  of  the  county  canvassing  boards.  In  this 
view  of  the  election  law  creating  the  board  of  state  can 
vassers,  Mr.  Barlow  was  undoubtedly  mistaken.  The  ex 
tent  of  the  power  of  the  board  to  inquire  was  as  to  the 
character  of  the  returns  made  by  the  county  canvassers. 
The  language  of  the  decision  of  the  supreme  court,  unani 
mously  rendered  in  the  case  ex-rel.  Drew  vs.  The  State 
Canvassers,  is  as  follows  : 

"All  of  the  acts  which  this  board  can  do  under  the 
statute  must  be  based  upon  the  returns;  and  while  in  some 
cases  the  officers  composing  the  board  may,  like  all  minis 
terial  officers  of  similar  character,  exclude  what  purports  to 
be  a  return  for  irregularity,  still  everything  they  are  author 
ized  to  do  is  limited  to  what  is  sanctioned  by  authentic 
and  true  returns  before  them.  Their  first  act  and  determin 
ation  must  be  such  as  appears  from  and  is  shown  by  the  re 
turns  from  the  several  counties  to  be  correct.  They  have 
no  general  power  to  issue  subpoenas,  to  summon  parties,  to 
compel  the  attendance  of  witnesses,  to  grant  a  trial  by  jury, 
or  to  do  any  act,  but  determine  and  declare  who  has  been 
elected  as  shown  by  the  returns.  They  are  authorized  to 
enter  no  judgment,  and  their  power  is  limited  by  the  ex 
press  words  of  the  statute,  which  gives  them  being,  to  the 
signing  of  a  certificate  containing  the  whole  number  of 
votes  given  for  each  person  for  each  office,  and  therein  de 
claring  the  result  as  shown  by  the  returns.  This  certificate 
thus  signed  is  not  a  judicial  judgment,  and  the  determin 
ation  and  declaration  which  they  make  is  not  a  judicial 
declaration,  that  is,  determination  of  a  right  after  notice, 
*  H.  R.  Mis.  Doc.  No.  31,  Part  2.  45th  Cong.  3d  Sess.  p.  67. 


"THE   TRUE    VOTE."  95 

according  to  the  general  law  of  the  land  as  to  the  rights  of 
parties,  but  it  is  a  declaration  of  a  conclusion  limited  and 
restricted  by  the  letter  of  the  statute.  Such  limited  declar 
ation  and  determination  by  a  board  of  state  canvassers  has 
been  declared  by  a  large  majority  of  the  courts  to  be  a 
ministerial  function,  power  and  duty,  as  distinct  from  a  ju 
dicial  power  and  jurisdiction.  Indeed,  with  the  exception 
of  the  courts  in  Louisiana,  and  perhaps  another  state,  no 
judicial  sanction  can  be  found  for  the  view  that  these  of 
ficers  are  judicial  in  their  character  or  that  they  have  any 
discretion,  either  executive,  legislative,  or  judicial,  which  is 
not  bound  and  fixed  by  the  returns  before  them." 

As  to  the  specific  powers  of  the  board  under  the  statute 
the  supreme  court  held  that: 

"While  the  general  powers  of  the  board  are  thus  limited 
to  and  by  the  returns,  still  as  to  these  returns  the  statute 
provides  that,  'if  any  returns  shall  be  shown  or  shall  appear 
to  be  so  irregular,  false,  or  fraudulent  that  the  board  shall 
be  unable  to  determine  the  true  vote  for  any  officer  or 
member,  they  shall  so  certify  and  shall  not  include  such  re 
turn  in  their  determination  and  declaration,  and  the  secre 
tary  of  state  shall  preserve  and  file  in  his  office  all  such  re 
turns,  together  with  such  other  documents  and  papers  as 
may  have  been  received  by  him  or  by  said  board  of  can 
vassers.'  The  words  true  vote  here  indicate  the  vote  ac 
tually  cast,  as  distinct  from  the  legal  vote.  This  follows, 
first,  from  the  clear  general  duty  of  the  canvassers,  which  is 
to  ascertain  and  certify  the  "votes  given"  for  each  person 
for  each  office,  and,  second,  because  to  determine  whether  a 
vote  cast  is  a  legal  vote  is  beyond  the  power  of  this  board. 
As  to  the  words  "irregular,  false,  and  fraudulent"  in  this 
connection,  their  definition  is  not  required  by  the  questions 
raised  by  the  pleadings  in  this  case." 


96  A    POLITICAL    CRIME. 

Mr.  Barlow,  proceeding  upon  the  hypothesis  that  the 
Returning  Board  was  vested  with  judicial  powers,  took  an 
active  part  in  the  preparation  of  the  Republican  side  of  the 
case,  but  when  it  was  completed — the  evidence  all  in,  and 
reviewed,  he  became  satisfied  that,  by  applying  the  same 
tests  to  Republican  testimony,  and  weighing  with  the  same 
care  the  objections  to  Republican  votes,  that  the  Repub 
lican  counsel  insisted  must  be  applied  to  Democratic  evi 
dence,  and  exercised  in  respect  to  contested  Democratic  re 
turns,  the  result  of  the  purging  would  be  a  majority  for  the 
Tilden  electors.  He  endeavored  to  impress  this  upon  Dr. 
Cowgill,  one  of  the  state  canvassers  whom  he  believed  to 
be  an  honest  man.  There  was  nothing  improper  in  this, 
but  it  was  not  bold  and  manly,  or  corresponding  to  the 
exalted  notion  he  had  of  his  mission.  The  proper  course 
would  have  been  to  go  before  the  board  and  to  have 
summed  up  the  case  as  an  impartial  amicus  curia.  This 
would  have  been  the  effective  way  of  executing  the  trust 
which  he  believed  had  been  entrusted  to  him — "to  see  a 
fair  count  of  the  ballots  actually  cast." 

And  yet,  with  the  light  he  had,  it  must  be  acknowl 
edged,  by  fair-minded  men,  that  he  did  not  lack  courage  of 
a  certain  kind.  He  wanted  to  do  right  and  he  sought  to 
convert  to  his  way  of  thinking  the  one  of  the  Republican 
canvassers  whom  he  regarded  as  honorable  and  upright. 
There  is  no  evidence  to  show  that  he  surreptitiously  went 
about  this.  Dr.  Cowgill  came  to  his  room  unsolicited  and 
began  talking  upon  the  subject  of  the  canvassing  as  he  had 
repeatedly  done  before.  Whether  Cowgill  was  honest  in 
seeking  this  interview  with  Barlow  cannot  be  determined. 
Neither  can  it  be  determined  whether  he  was  honest  in  the 
doubts  he  expressed  at  that  interview  as  to  the  course  he 
should  pursue  in  dealing  with  the  questions  before  the 


COWGILL   AND    BARLOW. 


97 


board.  Barlow  swears  that  Cowgill  said  to  him,  after  they 
had  discussed  all  the  points,  "  I  agree  with  you :  I  cannot 
conscientiously  vote  the  other  way:  I  cannot  conscien 
tiously  vote  to  give  the  state  to  the  Hayes  electors."  Dr. 
Cowgill  was  at  all  times  accessible  to  the  Republican  mem 
bers  of  the  Potter  committee,  and  to  the  defenders  of  the 
transactions  of  their  friends  in  Florida,  and  he  could  have 
been  brought  before  the  committee  to  contradict  Mr.  Bar 
low.  He  was  not  asked  to  come.  He  never  intimated  in 
any  way  that  he  had  been  misrepresented. 

There  is  some  evidence*  which  goes  to  show  that 
Stearns  and  other  Florida  republicans  were  suspicious  of 
Cowgill.  They  had  him  watched.  Stearns  was  promptly 
informed  that  Cowgill  was  in  Barlow's  room  and  he  has 
tened  to  Chandler's  room  with  the  intelligence.  With  his 
usual  decisiveness  Chandler  insisted  that  Stearns  should  go 
direct  to  Barlow's  room  and  ascertain  what  was  going  on. 
He  went  and  to  his  surprise  was  admitted  and  told  by 
Barlow  the  views  he  had  been  trying  to  impress  on  Cow- 
gill.  Stearns  f  expressed  neither  surprise  nor  anger,  but  he 
went  away  with  Cowgill,  but  whither  is  not  known  to  the 
public.  After  that  Cowgill  and  Barlow  did  not  meet.  It 
is  fair  to  presume  that  if  Cowgill  had  any  scruples  as  to 
counting  in  the  Hayes  electors,  as  he  declared  to  Barlow 
he  had,  means  were  found  after  he  left  with  Stearns  to  over 
come  them.  He  came  to  Washington  immediately  after 
the  inauguration  of  Hayes  and  was  for  a  time  confident  of 
a  proper  recognition  of  his  services.  The  office  he  was 
tendered  did  not  accord  with  his  estimate  of  his  deserts  and 
he  returned  to  Florida  and  has  ever  since  maintained  dis 
creet  silence. 

*  H.  R.  Mis.  Doc.  No.  31.  45th  Cong.  3d  Sess.  p.  1397-8-9. 
t  Ibid,  p.  1390. 


98  A    POLITICAL    CRIME. 


CHAPTER   VI. 

The  supreme  court  decided  that  the  county  returns  must  be  accepted 
by  the  state  canvassers :  The  mandate  of  the  court  obeyed  as  to 
the  state  ticket :  The  trick  by  which  the  returns  for  electors  were 
made  to  show  a  majority  for  Hayes  :  The  Baker  county  return 
twice  rejected  accepted  by  the  canvassers:  McLin  and  Dennis  tell 
on  the  visiting  statesmen :  Noyes,  the  particular  friend  of  Hayes : 
The  promises  he  made :  The  rewards  McLin  and  Dennis  received : 
Hayes'  personal  endorsement  of  Dennis  :  How  the  subordinate 
rogues  were  paid  for  their  services  :  The  price  of  visiting  states 
men. 

THE  supreme  court  of  the  state  upon  an  application  for  a 
mandamus  to  compel  the  state  canvassers  to  recanvass  the 
votes  for  Governor  issued  the  same,  and  in  granting  it,  the 
judges,  a  majority  of  whom  were  Republican,  held  that  "the 
duty  and  power  of  the  board  of  state  canvassers  was 
confined  exclusively  to  the  compiling  of  such  returns  of  any 
election  as  should  come  to  their  hands  from  the  county 
canvassing  boards,  and  upon  computation  of  the  aggregate 
vote,  as  shown  by  such  returns,  to  ascertain  who  had  re 
ceived  the  highest  number  of  votes  for  any  office,  and  to 
certify  the  result  and  declare  therefrom  who  was  elected  to 
any  office."  * 

The  mandate  of  the  court  to  the  board  of  state  canvas 
sers  commanding  them  to  reassemble,  on  or  before  the 
27th  day  of  December,  1876,  and  canvass  the  returns  for 
the  votes  cast  for  candidates  for  Governor  was  issued  on  the 

*  Fla.  Report,  59. 


SELF-STULTIFICATION.  99 

23d  of  December,  1876.  The  board  met  and  in  accord 
ance  with  the  decision  and  mandate  of  the  supreme  court 
recanvassed  and  awarded  a  certificate  of  election  to  Geo. 
F.  Drew  the  Democratic  candidate.  Here  it  was  their  duty 
to  stop.  They  were  not  directed  to  recanvass  the  votes 
for  Presidential  electors,  nevertheless  the  two  Republican 
canvassers,  being  a  majority,  did  so,  and  by  accepting  the 
Driggers  return  from  Baker  county  which  they  had  not 
done  in  recanvassing  the  votes  for  governor,  and  which 
they  had  rejected  in  their  first  canvass,*  they  made  it  ap 
pear  that  by  the  face  of  the  returns  the  Hayes  electors  had 
a  majority  of  all  the  votes.  The  counting  of  the  electoral 
votes  by  the  two  Houses  of  Congress  was  yet  to  occur,  and 
hence  they  resorted  to  this  trick,  and  a  second  time  vio 
lated  their  oaths  of  office,  in  order  that  it  might  not  appear 
by  the  recanvass  of  the  votes  for  governor  that  the  Tilden 
electors  a  fortiori  had  a  majority  on  the  face  of  the  returns 
and  therefore  in  accordance  with  the  decision  of  the  su 
preme  court  ought  to  have  been  declared  elected. 

The  state  canvassers  unquestionably  had  the  power  to 
determine  which  of  the  returns  from  Baker  county  was  the 
true  return.  They  twice  decided  unanimously  that  the 
Driggers  return  was  false  and  accepted  the  one  which  em 
braced  the  four  precinct  returns.  They  did  this  in  the  or 
iginal  canvass  and  they  adhered  to  that  ruling  in  the 
recanvass  of  the  votes  for  governor.  But  the  two  Republican 
members  against  the  protest  of  their  Democratic  colleague 
insisted  upon  recanvassing  the  votes  for  electors  and  then 
they  reversed  themselves  and  adopted  the  Driggers  return 
from  Baker  county. 


*  H.  R.  Mis.  Doc.  No.  31,  Part  2,  45th  Cong.  3d  Sess.  pp.  107,  127, 
141. 


100  A    POLITICAL    CRIME. 

It  has  been  clearly  proved  *  that  the  action  of  the  Re 
publican  members  of  the  board  of  state  canvassers  was  in 
fluenced  by  the  pledges,  promises,  and  assurances  made  and 
given  by  the  Republican  visiting  statesmen :  that  McLin 
and  Cowgill  expected,  claimed,  and  in  the  case  of  the 
former  received  partial,  rewards  for  their  services.  The 
subordinate  agents  in  the  frauds,  perjuries,  forgeries,  ballot- 
box  stuffing,  and  subornation  of  perjury  whereby  a  plausible 
case  was  made  for  McLin  and  Cowgill  to  act  upon,  were 
also  exerting  themselves  upon  assurances  of  protection  and 
reward. 

L.  G.  Dennis  **  testified  before  the  Potter  committee 
that  the  impression  prevailed  that  the  visiting  statesmen 
"  cared  only  to  take  care  of  Hayes."  "  Somebody  had  in 
timated  that  Mr.  Hayes  was  in  his  politics  favorable  to  the 
Greeley  movement ;  that  he  had  some  such  idea  as  that." 
This  impression  was  strengthened  by  the  conduct  of  Francis 
C.  Barlow  who  had  originally  been  assigned  the  duty  of  de 
fending  the  Alachua  returns.  From  some  remarks  of  Bar 
low  and  his  intimacy  with  some  of  the  New  York  Demo 
cratic  lawyers,  which  had  been  reported  by  the  negro  spies, 
Dennis  and  his  carpet-bag  friends  concluded  that  treachery 
to  the  state  ticket  was  meant.  Thereupon  he  held,  as  he  ex 
pressed  it,t  "a  carpet-baggers'  indignation  meeting"  and  he 
led  a  committee  to  Governor  Noyes'  room  to  serve  notice  of 
their  determination.  J"  We  had  determined,"  said  Dennis, 
"  that  the  state  belonged  to  Tilden  and  Drew  or  to  Hayes 
and  Stearns ;  that  it  did  not  belong  to  a  Republican  presi 
dent  and  a  Democratic  governor;  that  it  could  not  be  fixed 

*  H.  R.  Mis.  Doc.  No.  31,  Part  2.  45th  Cong.  3d  Sess.  pp.478,  100, 
98,  499,  482,  854. 

**  H.  R.  Mis.  Doc.  No.  31.     45th  Cong.  3d  Sess.  p.  478. 
t  Ibid,  478. 
t  Ibid,  478—9. 


NOYES'    ASSURANCES.  IOI 

that  way."     Their  going  to  Noyes  was  both  natural  and 
significant. 

They  knew  he  was  the  personal  representative  of  Hayes. 
They  wanted  to  serve  notice  that  the  job  which  had  been 
undertaken  could  not  be  accomplished  if  there  was  any 
doubt  about  Hayes  standing  by  them.  They  would  not 
have  gone  to  Noyes  on  this  occasion,  however,  if  they  had 
not  known  that  he  was  there  as  the  especial  representative 
of  Hayes.  He  had  before  this  visit  been  making  promises 
and  giving  assurances  —  hence  the  significance  of  their  call 
ing  on  him  at  that  time  for  something  definite,  emphatic, 
and  unequivocal.  They  got  what  they  demanded.  Dennis 
says  —  «  Mr.  Barlow  did  not  present  the  case  to  the  board 
as  was  first  intended."  Dennis  was  a  shrewd  judge  of  char 
acter  and  knew  instinctively  that  Barlow  was  not  the  man 
to  have  charge  of  the  Alachua  case ;  that  he  would  get  at 
the  truth  and  that  would  be  the  end  of  that  case  as  well  as 
of  the  whole  Republican  case. 

In  regard  to  Noyes'  assurances  Dennis  testified  *  that 
"  he  often  spoke  of  Mr.  Hayes,  and  referred  to  him  as  his 
intimate  friend,  and  gave  us  assurances  of  Mr.  Hayes'  fidel 
ity  to  the  Republican  cause,  and  of  his  especial  desire  to 
take  care  of  Southern  republicans."  When  asked  if  Noyes 
was  generally  regarded  by  the  people  there  as  the  personal 
representative  of  Hayes,  Dennis  answered — *"  We  regarded 
him  as  such.  I  cannot  state  now  by  what  means  we  arrived 
at  that  conclusion,  but  he  was  regarded  by  the  people  there 
as  the  special  representative  of  Mr.  Hayes.  It  was  gener 
ally  understood  that  he  was  there  at  the  request  of 
Hayes." 

Samuel  B.  McLin,t  secretary  of  state,  and  ex-officio  mem- 

*  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  36.  Sess.  p.  478- 

t  H.  R.  Mis.  Doc.  No.  31  Part  2.     45th  Cong.  3d  Sess.  pp.  98.  99. 


102  A    POLITICAL    CRIME. 

ber  of  the  Returning  Board,  testified  that — "  looking  back 
now  to  that  time  (of  the  canvass),  I  feel  that  there  was  a  com 
bination  of  influences  that  must  have  operated  most  power 
fully  in  blinding  my  judgment  and  swaying  my  action." 
What  the  "  combination  of  influences  "  were  he  in  part  dis 
closed.  "  I  was  shown  numerous  telegrams  addressed  to 
Governor  Stearns  and  others  from  the  trusted  leaders  of  the 
Republican  party  in  the  North,  insisting  that  the  salvation 
of  the  country  depended  upon  the  vote  of  Florida  being 
cast  for  Hayes.  These  telegrams  also  gave  assurances  of  the 
forthcoming  of  money  and  troops  if  necessary  in  securing 
the  victory  for  Mr.  Hayes.  Following  these  telegrams 
trusted  Northern  republicans,  party  leaders,  and  personal 
friends  of  Mr.  Hayes  arrived  in  Florida  as  rapidly  as  the 
railroads  could  bring  them.  I  was  surrounded  by  these  men, 
who  were  ardent  republicans,  and  especially  by  friends  of 
Governor  Hayes.  One  gentleman  particularly,  Governor 
Noyes,  of  Ohio,  was  understood  to  represent  him  and 
speak  with  the  authority  of  a  warm  personal  friend,  com 
missioned  with  power  to  act  in  his  behalf.  These  men  re 
ferred  to  the  general  destruction  of  the  country  should  Mr. 
Tilden  be  elected ;  the  intense  anxiety  of  the  Republican 
party  of  the  North  and  their  full  sympathy  with  us.  I  can 
not  say  how  far  my  action  may  have  been  influenced  by  the 
intense  excitement  that  prevailed  around  me,  or  how  far  my 
partisan  zeal  may  have  led  me  into  error — neither  can  I  say 
how  far  my  course  was  influenced  by  the  promises  made  by 
Governor  Noyes,  that  if  Mr.  Hayes  became  President  I 
should  be  rewarded.  Certainly  their  influences  must  have 
had  a  strong  control  over  my  judgement  and  actions." 

Q.  "  Now,  Sir,  state  to  the  committee,  if  you  please,  what 
promises  these  visiting  statesmen  from  the  North  made  to 
the  Republican  leaders  and  the  Returning  Board,  if  the 


HAYES    PROMISED   TO    PAY.  IO3 

state  should  go  for  Mr.  Hayes?"     A.  "Well,  General  Wai- 
lace  told  me  on  several  occasions  that  if  Mr.  Hayes  shou  d 
be  elected  that  the  members  of  the  Returning  Board  should 
be  taken  care  of,  and  no  doubt  about  that:  that  Governor 
Noves  represented  Mr.  Hayes  and  spoke  for  him  and  was 
in  favor  of  it.*     Then  on  one  occasion,  William  E.  Chan- 
dler  came  to  me  and  stated  that  he  didn't  like  to  say  it  to 
me,  but  he  would  say  it  to  me,  and  he  spoke  for  ( 
Wallace  also,  that  if  the  state  went  and  was  canvassed  for 
Mr   Hayes  that  the  members  of  the  Returning  Board-a 
least  he  referred  to  a  majority  of  the  board-Dr.  Cowgill 
and  myself  would  be  well  taken  care  of,  and  there  would 
be  no  doubt  of  it ;  he  said  he  was  authorized  to  say  that. 

McLin  further  testified  that  Dr.  Cowgill  told  him  that 
in  March,  1877  he  was  in  Washington  and  saw  Hayes  lr 
quently-t  "that  he  was  received  very  kindly  by  the  Presi 
dent,  and  given  free  admission  to  the  White  House  at  all 
times,  and  that  he  had  expressed  himself  as  being  under 
great  obligations  to  him  and  me  in  the  canvass  and  that  h 
felt  not  only  under  political  obligations  but  personal  obliga 
tions  that  he  would  certainly  pay  at  an  early  day." 

McLin  was  appointed  Justice  of  the  Supreme  Court  of 
New  Mexico  ad  interim  and  failed  of  confirmation  because 
Senator  Conover,  of  Florida  opposed  it.     He  was  promised 
another  office  but,  after  waiting  several  months  and  not 
ceivine  it    he  published  to  the  world  his  account  of  the 
Florida   count    which    concluded    as   follows- "whatever 
may  be  the  opinion  of  men  as  to  my  motives,  I  give 
facts  and  leave  my  motives  to  a  higher  tribunal." 

Dr   Cowgill  was  promised  by  Hayes  an  auditorship  of 
the  Treasury  department,  but  was   given   the  po< 

*  H.  R.  Mis.  Doc.  No.  31,  Part  2,  45th  Cong.  3d  Sess.  pp.  100,  101. 
t   Ibid,  p.  118. 


I04  A    POLITICAL    CRIME. 

special  agent  in  the  internal  revenue  service,  which  he  de 
clined. 

L.  G.  Dennis  came  to  Washington  immediately  after 
the  inauguration  of  Hayes  and  was  introduced  to  him  by 
Gen.  Lew  Wallace.  He  was  graciously  received  and  in 
formed  that  he  had  been  mentioned  by  Mr.  Noyes  and  Mr. 
Chandler,  and  that  he  "was  one  of  the  few  men  whom  this 
administration  could  afford  to  take  care  of."*  He  saw 
Hayes  frequently  afterwards  and  received  from  him  at  dif 
ferent  times  the  two  following  cards: 

:*"SEC'Y  SHERMAN:  I  particularly  desire  that  Mr.  L. 
G.  Dennis,  of  Fla.  shall  be  appointed  to  a  good  place,  and 
I  think  he  is  well  fitted  for  it. 

R.  B.  HAYES." 

*  "  EXECUTIVE  MANSION, 

Washington,  April  6,  1877. 

DEAR  SIR:  I  am  reliably  assured  that  L.  G.  Dennis,  of 
Fla.  would  make  a  capital  special  agent  of  the  Treasury.' 

I  especially  desire  that  his  claims  may  have  your  favor 
able  attention. 

R.  B.  HAYES. 
Hon.  JOHN  SHERMAN,  Etc.,  etc." 

Governor  Noyes  also  wrote  the  following  letter  to  John 
Sherman  :  J 

"  Cincinnati,  Ohio,  April  10,  1877. 

DEAR  SIR:  I  am  informed  that  Hon.  L..G.  Dennis,  of 
Florida,  and  at  present  a  state  senator,  is  an  applicant  for  a 
position  as  auditor  in  the  Treasury  department. 


5S4' 


t  Ibid,'  p.  e 
t  Ibid,  p.  4 


DENNIS'  SINECURE.  105 

I  can  only  say  of  Mr.  Dennis  that  I  formed  his  ac 
quaintance  while  the  Florida  contest  was  going  on,  and 
found  him  a  very  active,  intelligent,  and  influential  repub 
lican. 

He  has  been  ostracised  with  other  republicans  of  that 
state,  and  is  deserving  of  consideration.  I  respectfully 
commend  him  to  your  favor. 

I  am,  very  respectfully,  your  obedient  servant, 

EDWARD  F.  NOYES. 
HON.  JOHN  SHERMAN, 

Secretary  of  the  Treasury'1 

The  result  was  the  appointment  of  Dennis  to  a  sinecure 
in  the  supervising  architects  office  at  $7  per  day.  He  re 
mained  about  Washington  for  a  month  without  being  as 
signed  to  any  duty  and  then  was  given  a  leave  of  absence 
and  went  to  Massachusetts  where  he  remained  three 
months.  He  came  back  and  drew  three  months  pay — 
$630.  Then  he  was  given  a  position  to  rove  about  North 
Carolina,  South  Carolina,  and  Florida  ostensibly  to  ex 
amine  the  records  of  United  States  courts  and  find  forfeited 
recognizances.  The  real  object  was  to  send  him  to 
Florida  under  protection  and  with  pay  to  prepare  for  trial 
several  cases  pending  against  him  in  the  criminal  courts  of 
that  state.  He  remained  there  until  the  resolution  ap 
pointing  the  Potter  committee  passed  the  House  of  Repre 
sentatives  when  he  was  ordered  to  North  Carolina  on  the 
edge  of  the  Dismal  Swamp.*  He  didn't  care  to  go  into 
hiding  and  came  by  way  of  Norfolk,  Va.  to  Washington. 
His  pay  was  $7  a  day  and  expenses.  He  thought  he  had 
not  been  rewarded  according  to  his  deserts  and  a  statement 
he  had  previously  prepared  was  about  this  time  published 
*  H.  R.  Mis.  Doc.  No,  31,  45th  Cong.  3d  Sess.  p.  557. 


IO6  A    POLITICAL    CRIME. 

and  he  was  dropped,  having  in  the  meantime  been  trans 
ferred  to  the  internal  revenue  service. 

*  F.  C.  Humphreys  who  was  first  elector  at  large  on 
the  Florida  Republican  ticket  was  appointed  collector  of 
customs  at  Pensacola,  April  2,  1877,  and  ne^  tne  office 
till  July  7,  1882 — a  period  of  five  years,  three  months  and 
five  days  at  an  annual  salary  of  $1,000  and  fees  and  com 
missions. 

Dennis  Eagan,  chairman  of  the  Repulican  state  com 
mittee,  Florida,  was  appointed  collector  of  internal  revenue, 
at  Jacksonville,  March  7,  1877,  and  held  office  till  October 
i,  1884  —  a  period  of  seven  years,  seven  months  and 
twenty-four  days,  at  an  annual  salary  of  $2,875. 

M.  L.  Stearns  who  was  Governor  of  Florida  at  the  time 
of  the  election,  candidate  for  re-election,  and  who  was 
counted  in  at  the  first  canvass  of  the  votes  by  the  state 
canvassers,  but  ousted  by  the  decision  of  the  supreme  court, 
was  appointed  commissioner  of  the  Hot  Springs,  Arkansas 
commission  at  a  salary  of  $10  per  day,  March  30,  1877, 
and  continued  till  Dec.  16,  1878 — drawing  $6,260  ex 
penses. 

J.  M.  Howell,  who  was  deputy  clerk,  of  Baker  county, 
and  directed  and  assisted  the  county  judge,  E.  W.  Driggers 
in  getting  up  the  fraudulent  return  from  that  county, 
whereby  by  omitting  the  votes  of  two  precincts  it  was  made 
to  appear  that  the  Hayes  Electors  had  on  the  face  of  the 
county  returns  a  majority  of  35,  was  appointed  collector 
of  customs,  at  Fernandina,  April  12,  1878,  and  held  the 
office  till  June  9,  1882  —  a  period  of  four  years,  one  month 
and  twenty-eight  days,  at  an  annual  salary  of  $500  and  fees 
and  commissions. 

*  Records  of  Appointment  Division  of  rreasury  Dept.  Authority  for 
what  follows  in  regard  to  appointments  of  Florida  conspirators. 


THREE    ROGUES   PAID. 

Richard  H.  Black,  colored,  who  was  clerk  of  Archer  pre 
cinct  No.  2,  Alachua  county,  and  at  the  direction  of  L.  G. 
Dennis  assisted  Thomas  H.  Vance,  inspector,  m  adding 
210  fraudulent  Republican  votes  to  the  return  from  that 
precinct  and  swore  to  every  affidavit  the  visiting  statesmen 
dictated  through  Dennis  and  other  agents,  was  appointed 
night  inspector  in  the  Philadelphia  custom  house  May  2 
!877  and  has  held  the  place  ever  since  and  was  stil 
ing  it  July  i,  1885,  at  a  salary  of  $3  per  day  or  $1,095  a 
year  during  a  period  of  8  years  and  2  months=$8,9O3. 

Thomas  H.  Vance,  who  was  inspector  of  Archer  pre 
cinct  No.  2,  Alachua  county,  and  assisted  Rich.  H.  Black  in 
the  preparation  of  the  false  return  and  the  fraudulent  ad 
dition  of  219  votes  for  the  Republican  national  and  state 
ticket  and  did  all  the  swearing  that  was  required  of  him, 
was  appointed  a  clerk  in  the  office  of  the  auditor  of  the 
Treasury  for  the  Post-office  department,  July  i,  1877,  and 
was  continued  there  until  he  was  discharged  June  30, 
l885_a  period  of  eight  years  at  a  salary  of  $1,200  pe, 


Bowes,  who  had  printed  "little  jokers,"  tickets 
one  inch  and  a  half  long,  and  one  inch  wide,  Containing  the 
Republican  national  and  state  tickets,  and  stuffed  the  ballot- 
box  at  precinct  No.  13,  Leon  county,  he  being  one  of  the 
election  officers,  to  the  number  of  74  of  these  "jokers,   and 
who  was  about  generally  over  the  state  helping  to  manu 
facture  affidavits  for  use  before  the  Returning  Board,  d  .ing 
a  great  deal  of  swearing  himself,  was  appointed  a  clerk 
class  3  in  the  division  of  public  moneys,  secretary's  office, 
Treasury  department,  June  i,  1877,  salary  $1,600  per  an 
num      Having   to  flee   the  State   of    Florida    to   escape 
punishment  for  his   crimes  he   found   an   asylum   in   t 
Treasury  department  at  Washington  on  the  recommendation 


108  A    POLITICAL    CRIME. 

of  Edward  F.  Noyes,  W.  E.  Chandler,  M.  L.  Stearns,  and 
Aaron  A.  Sargeant,  which  sheltered  him  till  he  resigned 
March  3,  1885  —  a  period  of  seven  years  and  nine  months, 
during  which  time  he  drew  pay  to  the  amount  of  $12,400. 
W.  K.  Cessna,  who  was  county  judge  of  Alachua 
county  and  with  full  knowledge  of  the  false  return  from 
Archer  precinct  No.  2  included  it  m  the  canvass  of  the 
county  returns,  and  assisted  L.  G.  Dennis  to  procure  Green 
R.  Moore  to  make  for  $100  an  affidavit  false  in  substance 
and  inferences  in  regard  to  the  vote  at  said  precinct,  was 
appointed  a  postmaster  at  Gainesville,  Fla.,  by  President 
Hayes  at  a  salary  of  $1,100  per  annum,  and  held  the  same 
from  December  10,  1878,  to  May  22,  1882 — a  period  of  4 
years  —  drawing  $4,400. 

Lewis  A.  Barnes,  who  assisted  L.  G.  Dennis  in  the 
manufacture  of  evidence  to  sustain  before  the  Returning 
Board  the  frauds  of  Alachua  county  was  register  of  the  U. 
S.  land  office,  Gainesville,  Florida,  July  i,  1879,  Salary 
$500,  fees  and  commission  of  i%  on  all  moneys  received. 
James  Bell,  county  judge  of  Jefferson  county  and  in 
spector  of  election  at  Waukeenah  precinct  No.  7,  who  stole, 
while  the  ballots  were  being  counted,  100  Democratic 
tickets  and  substituted  therefor  100  Republican  tickets  and 
made  several  false  affidavits,  was  appointed  a  clerk  in  the 
general  land  office,  Washington,  D.  C.,  March  27,  1877, 
salary  $1,200  per  annum.  On  May  31,  1883,  was  appointed 
special  agent:  has  received  to  July  i,  1885,  $9,900. 

Moses  J.  Taylor,  clerk  of  Jefferson  county,  and  inspec 
tor  of  poll  No.  i,  Monticello  precinct,  and  who  stole  all  but 
5  of  the  Democratic  tickets  and  substituted  therefor  Re 
publican  ones,  was  made  a  clerk  in  the  general  land  office, 
Washington,  D.  C.,  April  7,  1877,  salary  $1,200  per  an 
num.  Still  in  office  —  has  received  $9,900  to  July  7,  1885. 


SOME    OF   THE    LITTLE    RASCALS.  109 

Frank  N.  Wicker,  who  with  the  assistance  of  Manuel 
Govin,  postmaster  at  Jacksonville,  manufactured  the  evi 
dence  about  alleged  irregularity  in  making  the  return  from 
precinct  No.  3,  Key  West,  Monroe  county,  and  which  the 
state  canvassers  rejected  thereby  depriving  the  democrats  of 
401  votes,  was  at  the  time  of  the  election  Collector  of  the 
port  of  Key  West,  salary  $500  per  annum  and  fees.  He 
was  retained  until  May  15,  1885. 

John  Varnum,  adjutant-general  state  militia,  assisted  in 
the  manufacture  of  affidavits,  appointed  March  i,  1877, 
receiver  of  U.  S.  land  office,  Gainesville,  Fla.,  salary  $500, 
fees,  and  commission  of  i%  on  all  moneys  received.  Held 
office  till  July  i,  1879  —  held  office  i  year  and  3  months. 

Manuel  Govin,  postmaster  at  Jacksonville,  Fla.,  the  as 
sistant  of  Wicker  in  affidavit-making  at  Key  West,  was 
made  consul  to  Leghorn,  Italy,  November  30,  1877 ;  salary 
$1,500  per  annum  and  fees. 

William  M.  Artrell,  an  affidavit-maker  for  Wicker,  Key 
West,  Monroe  county,  was  an  inspector  in  the  custom 
house  at  a  salary  of  $3  per  day.  He  has  been  continued 
in  this  employment. 

M.  Martin,  acting-chairman  Republican  state  committee 
of  Florida,  and  one  of  the  most  active  of  the  conspirators, 
was  made  surveyor-general  of  Florida,  February  25,  1881, 
just  before  Hayes  went  out  of  office,  salary  $2,000  per 
annum. 

Geo.  H.  DeLeon,  who  was  secretary  to  Governor 
Stearns,  and,  by  reason  of  this  confidential  position,  familiar 
with  all  that  transpired  before  the  election,  during  the  can 
vass  by  the  state  canvassers,  who  received  and  opened  the 
governor's  mail  and  telegrams,  was  appointed  a  clerk  in  the 
second  auditor's  office  at  Washington,  May  25, 1877,  at  a  sal 
ary  of  $1,200  per  annum,  and  promoted  to  $1,600  in  1882. 


110  A    POLITICAL    CRIME. 

He  resigned  March  30,  1885,  to  take  effect  on  the  2oth  of 
April. 

Geo.  D.  Mills,  telegrapher  at  Tallahassee  and  one  of  the 
clerks  of  the  state  canvassers,  with  knowledge  of  all  that 
was  done  as  well  as  of  a  great  deal  of  the  telegraphing 
done  by  visiting  statesmen,  was  appointed  a  clerk  in  the 
pension  office  at  a  salary  of  $1,200  per  annum,  March  i, 
1877,  and  is  still  in  office:  has  received  to  July  i,  1885, 
$9,900. 

Thomas  J.  Brady,  who  followed  on  the  heels  of  William 
E.  Chandler  to  Florida,  in  charge  of  the  post-office  inspec 
tors,  ordered  thither  by  James  N.  Tyner,  postmaster-general, 
and  carrying  money  to  Chandler,  was  second  assistant  post 
master-general  and  in  charge  of  all  mail  service.  He  was 
continued  in  office  and  protected  by  Hayes  notwithstand 
ing  the  most  serious  charges  were  repeatedly  made  against 
him  in  connection  with  the  star  route  mail  contracts.  It 
was  during  the  Hayes  administration  that  the  gigantic  star 
route  frauds  were  perpetrated  which  resulted  in  a  loss  to  the 
government,  according  to  the  statement  of  Attorney-Gen 
eral  Benj.  H.  Brewster  to  the  Bar  Association  meeting  at 
Saratoga  in  1882,  of  more  than  $4,000,000.  The  facts  and 
evidence  in  support  thereof  which  secured  the  removal  of 
Brady  in  1 88 1,  by  Attorney-General  MacVeagh  and  Post 
master-General  James,  and  enabled  an  investigation  to  be 
made  that  resulted  in  the  complete  exposure  of  the  star 
route  villainy,  was  made  known  to  the  Hayes  administra 
tion  in  1880.  Sufficient  evidence  to  have  put  honest  men 
on  inquiry  was  made  public  at  a  much  earlier  date,  but 
Brady  was  protected. 

H.  Clay  Hopkins,  agent  of  the  postal  stamp  division 
stationed  at  New  York  City,  was  one  of  those  who  accom 
panied  Brady  to  Florida  and  was  absent  from  his  offi- 


MORE    OF   THE    RASCALS.  HI 

cial   duties   one  month.     His  salary  was    $z,5oo    per  an 


num. 


Win  T  Henderson,  post-office  inspector,  salary  $1,600 
per  annum  and  $5  per  diem  for  travelling  expenses  while 
on  the  business  of  the  department,  together  with  ree 
transportation,  accompanied  Brady  to  Florida,  travelled 
on  post-office  inspector's  pass,  and  charged  up  $5  a  day  for 
travelling  expenses.  With  United  States  troops  to  impress 
negroes  went  to  Jackson  county,  accompanied  by  Z.  L.  Ill- 
bafl,  post-office  inspector,  and  M.  C.  Cooper,  deputy  United 
States  marshal  to  collect  negro  affidavits.  Henderson  is  still 
in  the  service  as  post-office  inspector. 

Z  L  Tilball,  post-office  inspector,  salary  $1,600  pei 
annum,  $S  per  diem  travelling  expenses  while  absent  from 
Washington  on  business  of  the  department,  and  free  trans 
portation,  accompanied  Brady  to  Florida,  travelled  on  post- 
office  inspector's  pass  and  drew  his  per  d.em  as  if  on 
official  business,  was  with  Henderson  m  Jackson  county 
collecting  affidavits  from  negroes.  -  Remained  ,n  post- 
office  department  as  inspector  till  July  .8,  x 88,,  when  he 
Was  appointed  United  States  marshal  for  the  Territory 
of  Arizona.  His  successor  was  appointed  July  8,  1885. 
B  H  Camp,  post-office  inspector,  salary  $1,600  per  ai 

'$,  per  diem  travelling  expenses  while  absent  from 
post 'on  business  of  the  department,  and  free  transportation, 
accompanied  Brady  to  Florida :  travelled  on  post-office  , 
spector's  pass  and  drew  per  diem  as  if  on  department  bua- 
rL  His  real  business  in  Florida  was  to  assist  the  subor 
dinates  of  Stearns  in  working  up  evidence  to  sustain 
Republican  frauds. 

Alfred  Morton,  post-office  inspector,  salary  $1,600,  per 
annum,  $5  per  diem  travelling  expenses,  and  free  transpor 
tation  Accompanied  Brady  to  Florida,  and  assrcted  James 


112  A    POLITICAL    CRIME. 

Bell  in  the  manufacture  of  evidence  to  sustain  the  frauds  in 
Jefferson  county — ballot-box  stuffing. 

E.  W.  Maxwell,  detective  attached  to  the  department  of 
justice,  salary  $5  per  diem,  and  actual  travelling  expenses; 
went  to  Florida  but  according  to  W.  E.  Chandler  rendered 
no  service — was  a  "drone" — i.  e.  a  dead  beat,  nevertheless 
drew  pay  and  expenses. 

Edward  H.  Noyes,  of  Ohio,  the  particular  personal 
friend  of  R.  B.  Hayes,  the  man  who  nominated  him  at  Cin 
cinnati,  and  his  especial  representative  in  Florida,  was  ap 
pointed  envoy  extraordinary  and  minister  plenipotentiary  to 
France  and  commissioned  July  i,  1877 — holding  till 
March  21,  1881,  a  period  of  three  years,  eight  months  and 
twenty  days,  salary  $17,500  per  annum,  =  $65,138.86. 

John  A.  Kasson,  of  Iowa,  accompanied  Noyes  to 
Florida  and  rendered  himself  useful  as  voucher  and  sponsor 
for  Hayes,  was  commissioned  envoy  extraordinary  and  min 
ister  plenipotentiary  to  Austria,  June  u,  1877  and  remained 
till  April  26,  1882  —  a  period  of  four  years,  ten  months 
and  fifteen  days,  salary  $12,000  per  annum,  =  $58,500. 

Lew  Wallace,  soldier,  author,  statesman,  accompanied 
Noyes  to  Florida,  and  according  to  the  testimony  of  Dennis 
and  McLin  pledged  Hayes  generally  and  giving  Noyes  as 
reference,  was  appointed  Governor  of  New  Mexico,  salary 
only  $2,600  perannnm.  Reward  not  being  adequate  was 
made  minister  resident  to  Turkey,  July  13,  1882,  where  he 
remained  and  drew  pay  till  June  i,  1885. 

William  E.  Chandler,  who  came  to  the  rescue  on  the 
morning  of  Wednesday,  Nov.  8,  1876  and  re-encouraged 
the  demoralized  National  committee,  conceived  the  plan  of 
counting  Hayes  in,  organized  the  conspirators,  and  left  the 
same  day  for  Florida  to  execute  a  part  of  the  hazardous 
undertaking,  and  did  his  work  thoroughly  well,  became 


BARLOW'S    REWARD.  113 

disgusted  with  the  fraudulent  administration  when  it  aban 
doned  Packard  in  Louisiana,  and  Chamberlain  in  South 
Carolina,  and  not  being  promptly  rewarded  for  his  services 
attacked  Hayes  and  proved  that  by  deserting  the  Louisiana 
and  South  Carolina  carpet-baggers  he  thereby  acknowl 
edged  to  the  world  that  he  had  not  been  elected  President. 
Francis  C.  Barlow,  the  one  "visiting  statesman"  who 
was  troubled  with  a  conscience  and  endeavored  to  fulfil  the 
duties  to  which  he  had  been  invited  by  the  President  of  the 
United  States  in  accordance  with  sentiments  expressed  by 
the  chief  executive  of  the  nation,  was  not  rewarded  with 
any  office  but  was  bitterly  assailed  for  his  alleged  betrayal  of 
his  party. 


114  A    POLITICAL    CRIME. 


CHAPTER  VII. 

Preparation  for  frauds :  The  state  census  of  1875  the  basis  of  frau 
dulent  registration  :  Republican  managers  determined  to  prevent  a 
fair  election  :  The  bad  characters  who  were  selected  for  supervisors 
of  registration:  The  registration  frauds  in  New  Orleans  and  in 
the  parishes  demonstrated  by  official  statistics  :  Depriving  demo 
crats  of  the  right  to  vote:  Registration  of  negroes  facilitated: 
The  election  was  fair,  free,  and  peaceable :  The  proof  of  this  con 
clusive  :  The  election  law  analyzed :  What  was  required  in  report 
ing  intimidation  or  violence:  Laws  conferring  such  great  power 
on  returning  officers  must  be  strictly  construed. 

PRIOR  to  the  election  of  1876  in  Louisiana  very  elaborate 
preparations  were  made  for  stupendous  frauds  by  the  de 
facto  governor,  William  Pitt  Kellogg  and  his  characterless 
subordinates.  The  entire  election  machinery  was  absolutely 
controlled  by  the  governor.  How  Kellogg  was  made  de 
facto  governor  will  be  told  in  succeeding  chapters  where 
in  the  remarkable  story  of  Louisiana  politics  from  1868 
to  1876  will  be  related.  To  maintain  themselves  in 
power  the  carpet-bag  and  scalaway  rogues  who  were  en 
abled,  by  the  reconstruction  act,  to  seize  the  state,  enacted 
in  1870  registration  and  election  laws.  These  enactments 
were  designed  to  place  the  machinery  of  election  in  the 
hands  of  a  few  men.  Among  other  things  provided  for  was 
a  quadrennial  census  which  was  intended  to  be  the  founda 
tion  for  a  dishonest  registration  of  the  voters. 

In  1875  a  state  census  was  taken  which  was  the  basis 
for  the  registration  of  1876.     This  census  made  the   negro 


A    PARTISAN     MACHINE.  115 

population  appear  to  be  45,695  more  than  the  white  popula 
tion,  and  the  negro  voters  to  be  104,192,  while  the  white 
voters  were  only  84,167.*  The  census  of  the  United 
States  for  1880  shows  that  the  excess  of  negro  population 
in  Louisiana  over  white  was  26,364,  and  that  the  white 
males  of  twenty-one  years  of  age  and  over,  exceeded  the 
negro  males,  of  the  voting  age  and  upwards,  by  1,513. 
The  census  of  1870  showed  an  excess  of  white  males  of 
voting  age  of  153  over  male  negroes  of  like  age.  There 
fore,  it  was  an  impossibility  to  honestly  show  in  1875  a 
majority  of  20.025  colored  voters  in  Louisiana.  The  state 
registrar  of  voters  was  Michael  Hahn  and  his  chief  clerk 
was  James  P.  McArdle.  D.  J.  M.  A.  Jewett  was  secretary 
of  the  Republican  committee  on  canvassing  and  registra 
tion,  and  he  and  McArdle  ran  the  state  registrar's  office. 
They  converted  it  into  a  partisan  political  machine.  The 
supervisors  of  registration,  appointed  by  Kellogg,  were  all 
unscrupulous  men  and  most  of  them  Federal  office  holders. 
It  was  the  deliberate  purpose  of  the  Republican  leaders 
to  prevent  legal  elections  from  being  held  in  certain  parishes 
where  they  could  not  control  the  negro  vote.  Jewett  stated! 
that  it  was  their  intention  to  invalidate  the  election  in  the 
parishes  of  De  Soto,  Ouachita,  Grant,  Morehouse,  East  and 
West  Feliciana,  and  East  Baton  Rouge.  All  the  circum 
stances  show  that  it  was  the  scheme  of  the  Republican  leaders 
in  New  Orleans  to  prevent,  if  possible,  the  holding  of  a  legal 
election  in  those  parishes.  There  was  some  difference  among 
them  as  to  the  best  method  of  accomplishing  this  result, 
t  Jewett,  B.  P.  Blanchard,  and  the  more  reckless  leaders, 
advocated  the  bold  plan  of  refusing  to  appoint  supervisors 
of  registration  on  the  ground  that  it  was  impossible  to 

*  Senate  Report  No.  701  vol.  3,  44th  Cong.  2nd  Sess.  pp.  2634-5. 
t  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  3d  Sess.  p.  1441. 


Il6  A    POLITICAL    CRIME. 

have  a  fair,  free,  and  full  registration,  and  that  any  election 
which  might  be  held  would  be  a  farce.  But  Kellogg  pre 
ferred  a  more  devious  course.  The  evidence  is  ample  and 
conclusive  that  he  selected  men  for  supervisors  of  registra 
tion,  or  accepted  those  recommended  to  him,  who  he 
thought  would  accomplish  the  same  result  in  another  way. 
They  were  to  go  to  the  parishes  and  if  they  could  not  man 
age  to  have  the  bulk  of  the  Republican  negro  votes  cast 
at  a  few  polls  they  were  to  leave  the  parishes  before  com 
pleting  the  registration,  alleging  danger  to  their  lives  and 
general  intimidation,  violence,  and  turbulence. 

*  D.  A.  Ward,  a  resident  of  New  Orleans,  was  made 
supervisor  of  registration  for  Grant  parish.  He  returned 
to  New  Orleans  before  he  had  completed  his  work,  alleging 
as  an  excuse  for  leaving  that  he  was  going  after  ballot- 
boxes,  the  furnishing  of  which  was  the  business  of  the 
sheriff  of  the  parish.  In  New  Orleans  he  told  E.  A.  Burke 
that  it  was  not  the  intention  of  his  party  leaders  to  have  an 
election  held  in  Grant  and  several  other  parishes.  Subse 
quently,  upon  Burke  remonstrating  with  Kellogg,  he  issued 
an  order  to  Ward  to  return  to  the  parish.  Several  days 
later  Burke  met  Ward  who  showed  him  the  governor's 
order  but  said  it  was  a  sham  —  that  Jewett  and  Blanchard 
told  him  to  stay ;  that  he  had  no  money  to  pay  expenses 
and  the  committee  would  not  give  him  any.  He  did 
not  go  back.  The  democrats  and  republicans  in  Grant 
parish  mutually  agreed  that  the  election  should  be  held 
under  the  direction  of  an  United  States  supervisor  of  elec 
tions.  But  the  absence  of  the  supervisor  of  registration 
was  subsequently  held  by  the  Returning  Board  to  have  in 
validated  the  election. 

*  H.  R.  Mis.  Doc.  No.  34  Part  2,  44th  Cong,  and  Sess.  p.  443. 


FIT   TOOLS. 


117 


*  James  E.  Anderson,  a  clerk  in  the  New  Orleans 
Customs  House,  was  made  supervisor  of  the  parish  of  East 
Feliciana.  He  was  especially  interested  in  Charles  E. 
Nash,  a  colored  man,  who  was  a  candidate  for  Congress  in 
the  Sixth  District  which  included  the  Felicianas.  He  went 
to  the  parish  and  began  the  registration  but  found  a  disa 
greement  between  the  negro  and  white  Republican  leaders. 
The  latter  did  not  want  an  election  held,  and  the  former 
wanted  an  election  but  insisted  that  the  white  republicans 
should  not  run  the  party.  The  white  republicans  told 
Anderson  to  leave  the  parish  and,  'finding  that  he  still  re 
mained,  they,  as  he  subsequently  testified,  attempted  to 
assassinate  him.  He  returned  to  New  Orleans.  His 
presence  there  was  the  subject  of  complaint  by  the  demo 
crats  to  Kellogg.  Anderson  swore,  subsequently,  that 
Kellogg  told  him  to  return  and  have  the  negroes  massed 
and  voted  at  certain  polls  in  wards  where  they  could  be 
controlled,  and  to  have  riots  and  disturbances  at  the  polls 
where  the  bulk  of  Democratic  votes  were  cast,  so  they 
could  be  rejected  by  the  Returning  Board.  He  returned  to 
East  Feliciana  but  made  no  effort  to  carry  out  the  plan 
suggested, 

t  George  L.  Smith,  a  native  of  New  Hampshire,  settled 
in  Shreveport,  Louisiana,  after  the  war,  and  became  an  ac 
tive  "  carpet-bag  "  politician.  He  was  a  member  of  the  legis- 
lafure  in  1870  and  1872,  and  was  proprietor  of  The  South 
western  Telegram,  a  journal  supported  by  the  state  printing 
bestowed  upon  it  by  the  governor,  under  the  printing  law. 
He  was  a  member  of  the  Forty-third  Congress  from  the 
Fourth  Congressional  District,  and  in  1876  was  a  candi 
date  for  re-election.  He  conducted  the  canvass  in  the  re- 

*  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  3d  Sess.  pp.  5,  6,  7,  8. 
t  Ibid  p.  1450  and  H.  R.  Mis.  Doc.  No.  34  part  6,  44th  Cong.  2nd 
Ses.  p.  208. 


118  A    POLITICAL    CRIME. 

gion  about  Shreveport  and  received  from  Kellogg  commis 
sions,  signed  in  blank,  for  the  supervisors  of  registration 
for  the  parishes  composing  his  district.  He  made  three  of 
his  partisans,  C.  L.  Ferguson,  T.  H.  Hutton,  and  John  T. 
Morrow,  supervisors  of  the  parishes  of  De  Soto,  Bossier, 
and  Webster.  Ward,  supervisor  of  Grant  parish,  although 
a  resident  of  New  Orleans,  was  under  Smith's  direction,  his 
clerk,  W.  P.  Guynes  being  an  appointee  of  Smith.  Fer 
guson  and  Morrow  were  not  residents  of  De  Soto  and 
Webster  parishes  but  lived  in  Shreveport  or  near  that 
place. 

*  F.  A.  Clover,  supervisor  of  the  parish  of  East  Baton 
Rouge,  was  not  a  qualified  elector  of  Louisiana,  having  re 
cently  removed  there  from  Mississippi.     His  first  occupa 
tion  in  New  Orleans  was  that  of  "  roper-in  "  for  a  snake 
show.     He  had  been  a  member  of  the  Mississippi  legisla 
ture  and  upon  the  overthrow  of  the  "  carpet-bag  "  govern 
ment  in  that  state  sought  refuge  in  Louisiana.     He  proved 
a  fit  instrument  for  the  work  assigned  him  in  East  Baton 
Rouge. 

*  The  supervisors  for  the  parishes  of  Morehouse  and 
Richland,  F.  M.  Grant  and  J.  F.  Kelley,  resided  there.  M. 
J.  Grady,  supervisor  of  Ouachita  parish,  was  a  deputy  col 
lector  of  internal  revenue.     James  E.  Scott,  supervisor  of 
Claiborne  parish,  was  a  clerk  in  the  New   Orleans  Post- 
office,  and  R.  B.   Edgeworth,  supervisor  of  the  parish  *of 
Plaquimine  was  an  inspector  in  the  Custom  House,  New 
Orleans.     B.  F.  Woodruff,  supervisor  of  Rapides  parish, 
was  also  a  clerk  in  the  New  Orleans  Post-office.     A.  W. 
Cornog,  supervisor  of  Red  River  parish,  was  borne  on  the 
rolls  of  the  New  Orleans  Custom  House.      Phillip  Joseph, 
supervisor  of  Madison  parish,  was  a  fugitive  from  Alabama, 

*  H.  R.  Mis.  Doc.  No.  34  Part  2,  44th  Cong,  and  Sess.  p.  1049. 


A    NICE    LOT.  119 

and  had  been  indicted  in  New  Orleans  for  burglary  and 
house-breaking.  The  supervisor  of  St.  Tammany  parish, 
Victor  Guadias,  was  a  resident  of  New  Orleans.  A.  W. 
Kenchen  and  J.  A.  Veasey,  supervisors  of  Livingston  and 
La  Fayette  parishes,  were  under  indictment  for  murder. 
H.  F.  Brennan,  corporal  of  police,  was  assistant  supervisor 
of  the  first  ward,  New  Orleans.  A.  J.  Brim,  Custom 
House  officer,  was  assistant  supervisor  of  the  second  ward, 
and  Pat.  Creagh,  Inspector  in  the  Custom  House,  was  as 
sistant  supervisor  of  the  third  ward.  R.  C.  Howard,  J.  G. 
Pulchler,  W.  J.  Moore,  Thomas  Levie,  H.  C.  Bartlett,  T. 
H.  Rowan,  P.  J.  Malloney,  assistant  supervisors  of  the 
fourth,  sixth,  seventh,  eighth,  ninth,  tenth,  and  fourteenth 
wards,  were  all  borne  on  the  pay  roll  of  the  Custom 
House.  L.  C.  Backers,  assistant  supervisor  of  the  eleventh 
ward,  was  a  police  officer,  and  W.  F.  Loan,  chief  of  police, 
was  the  assistant  supervisor  of  the  fifteenth  ward. 

*  A  determined  effort  was  made  to  increase  the  regis 
tration  of  negro  voters  in  the  city  of  New  Orleans  and  to 
prevent   a  full  registration  of  the  whites.      Every  facility 
was  given  to  negroes  to  register,  while  well-known  white 
citizens  were  annoyed  in  every  possible  way.     The  regis 
tration  offices  were  not  kept  open  the  full  number  of  hours 
required  by  law.     The  democrats  were  required  to  form  in 
line  and  await  their  turns  to  register.     The  assistant  super 
visors  would  consume  at  least  fifteen  minutes  in  registering 
well-known  white  men,t  while  negroes  could  slip  into  the 
offices  and  get  their  certificates  in  a  few  moments.    Negroes 
were  sent  to  the  places  of  registry  the  night  before  to  form 
a  long  line  and  keep  white  men  away. 

The  census  of  1870  showed  that  the  white  population 

*  H.  R.  Mis.  Doc.  No.  34  Part  2,  44th  Cong.  2nd  Sess.  p.  1020. 
t   Ibid.  p.  478.     Testimony  of  Prof.  Chaille. 


120  A    POLITICAL    CRIME. 


of  New  Orleans  parish  was  140,923  and  the  negro  50,456. 
In  1880  the  white  population  was  158,367,  and  the  negro 
57,617.     The  state  census,*  made  for  political  purposes  in 
1875,  placed  the   negro    population   of   New   Orleans   at 
57,647,  and  the  white  at  145,721.      When  the  "registration 
was  completed  in  New  Orleans  57,647  negro  population 
yielded  23,495   voters,  and    145,721    whites    yielded  only 
34,913  voters.     This  vast  difference  cannot  be  accounted 
for  on  any  other  theory  than    fraudulent    registration    of 
colored  voters.     The  total  foreign  born  population  of  New 
Orleans,  according  to  the  state  census  of  1875,  was  43,712. 
The  number  of  naturalized  foreigners  was  given  as  14,984, 
and  the  number  of  foreigners,  over  21   years  of  age,  not 
naturalized,  as  5,266.      These  statistics  will  not  stand  any 
test  applied  to  them.      Deducting  the  foreign  population, 
43,712  —  allowing  it  to  be  white  —  from  the  total  white 
population,  145,721,  leaves  102,009  native  whites.    Adding 
to  the  14,928  naturalized  foreigners  the  5,266  unnaturalized, 
over  21  years  of  age,  and  there  would  be  20,250,  over  21 
years  old,  from  a  total  of  43,712  foreigners.    This  is  absurd. 
The  mining  population  of  California  in   1849-50  scarcely 
yielded  so  great  a  proportion  of  males  over  twenty-one 
years   of  age.     Again,    accepting    the    14,984  naturalized 
foreign  voters,  as  correct,  from  a  total  of  43,712  foreign 
population,  and  add  23,495  negro  voters  registered  and  we 
have  38,479  negro  and  foreign  white  voters.     But  the  state 
census  of  1875  gives  the  total  number  of  persons  entitled  to 
vote  in  New  Orleans  as  44,392  —  leaving  the  native  white 
population  of  102,009  to  supply  5,913  voters  !     It  is,  there 
fore,  evident  that  the  statistics  of  foreign  males,  twenty-one 
years  old  and  over,  and  of  the  naturalized  foreign  voters, 

*  H.  R.  Mis.  Doc.  No.  34,    Part  2,  44th  Cong.  2d  Sess.  pp.  494-5. 


REGISTRATION     FRAUDS.  121 

are  thrown  in,  as  figures  and  words   in   cryptography,  to 
deceive. 

But  the  state  census  of  1875  states  that  of  the  57,647 
negroes  in  New  Orleans  there  is  an  excess  of  7,210  females 
over  males.  Deducting  this  excess  of  females  and  there 
remains  only  21,614  males!  And  yet  in  1876  23,495 
negro  voters  were  registered !  It  certainly  is  unnecessary 
to  bring  forward  another  fact  to  demonstrate  the  fraudulent 
character  of  the  negro  registration  in  New  Orleans. 

But  not  satisfied  with  a  registration  of  23,495  negro 
voters  from  a  total  male  population  of  21,614  in  1875,  and 
only  34,9 1 3  white  voters  from  a  total  population  of  145,72 1  in 
1875,  the  Republican  managers  proceeded  secretly  to 
strike  off  the  registration  lists  the  names  of  7,738  white 
voters.*  They,  with  the  cooperation  of  United  States 
Marshal  Pitkin,  and  the  employes  of  the  Post-office,  sent 
out  about  30,000  circulars  with  instructions  to  the  letter- 
carriers  to  return  all  not  personally  delivered  to  those  to 
whom  addressed.  Some  eleven  thousand  were  so  returned, 
and,  thereupon,  warrants  were  sworn  out,  a  few  days  before 
the  election,  against  these  11,000  citizens.  In  the  mean 
time  the  registration  books  were  secretly  taken  to  the 
Custom  House  and  the  assistant  supervisors  marshalled 
there  and  directed  to  strike  off  the  registry  lists  the  names 
of  those  against  whom  warrants  had  been  issued.  One 
United  States  commissioner,  who  had  issued  a  large  num 
ber  of  warrants,  published  the  names  and  a  great  number 
of  gentlemen,  finding  theirs  among  the  rest,  hastened  to  the 
commissioner's  office,  and  being  well-known  citizens,  were 
promptly  discharged.  By  this  means,  and  by  the  strenuous 
efforts  of  Major  E.  A.  Burke,  chairman  of  the  Democratic 

*  H.  R.  Mis.  Doc.,  No.  34,  Part  2,  44th  Cong.,  2d  Sess.,  pp.  1031- 
'32-33- 


!22  A    POLITICAL    CRIME. 

campaign  committee,  quite  a  large  number  got  their  names 
restored  to  the  registry  lists,  but  a  total  of  7,738  white  men 
were  deprived  of  the  right  to  vote.  On  the  other  hand  the 
democrats  only  succeeded  in  having  3,368  names  of 
fraudulently-registered  colored  men  stricken  from  the 
registration  lists.  Professor  Chaille,*  an  eminent  authority 
on  vital  statistics,  and  a  careful  student  of  those  of  New 
Orleans,  and  Louisiana,  gives  as  his  judgment,  after  a 
careful  examination  of  all  the  available  data,  that  an 
honest  and  complete  registration  of  the  voters  of  New 
Orleans  in  1876  would  have  given  about  40,584  white  and 
13,500  negro  voters.  Allowing  for  reasonable  contingen 
cies,  absence  and  sickness,  there  ought  not  to  have  been 
more  than  12,000  colored  citizens  registered. 

The  registration  of  the  entire  state,  according  to  the 
statistics  of  the  State  registrars  office  in  1876,  was  207,622, 
divided  into  colored,  115,268,  and  white,  92,354.*  The 
state  census  of  1875  gave  the  total  number  of  persons 
entitled  to  vote  as  188,059,  divided  into  colored,  104,192, 
and  white  84,167.  The  registration,  therefore,  showed  an 
increase  during  one  year  of  the  negro  voters  of  11,076  and 
of  8,187  wm'te  voters  —  very  nearly  an  equal  percentage 
of  increase.  This  is  conclusive  as  to  the  effect  of  alleged 
intimidation  on  the  registration  of  colored  voters.  Their  own 
figures  demonstrate  that  the  negroes  were  at  least  suffered 
by  the  terrible  (?)  «  bulldozers  "  to  register  in  peace.  There 
fore,  it  must  be  concluded  that  whatever  statements  were 
made  by  supervisors  of  registration  about  "  intimidation  ;' 
preventing  a  full,  fair,  and  free  registration  of  colored 
voters,  were  absolutely  untrue.  But  it  is  equally  certain 
that,  instead  of  negroes  not  being  allowed  to  register,  there 

*  H.   R.  Mis.  Doc.,  No.  34,   Part  2,  44th  Cong.,  2nd  Sess.  p.  478. 
t  Ibid,  p.  494-5. 


THE   CENSUS    STATISTICS.  123 

must  have  been  a  very  large  fraudulent  negro  registration 
in  the  parishes  outside  of  New  Orleans.  This  fact  is 
proved  by  the  official  data  furnished  by  the  census  of  1870 
and  that  of  1880.  In  1870  the  colored  males,  of  twenty- 
one  years  of  age  and  over,  were  86,913,  and  white  males 
of  like  age  87,066.  The  "  colored  "  class  included  negroes, 
Chinese,  and  Indians.  In  1880  the  white  males  of  twenty- 
one  and  over,  were  108,810,  and  the  colored  males  of  like 
age,  107,979.  These  proportions  could  not  have  varied  in 
1876.  The  increase  was  very  nearly  the  same  in  ten 
years.  But  how  about  the  foreign-born  males  ?  The 
foreign  population  of  Louisiana  has  steadily  decreased 
since  1860.  There  was  a  loss  up  to  1880  of  26,829.  In 
1880  the  native  and  foreign  males,  twenty-one  years  of 
age  and  over,  were  divided  as  follows  —  natives  81,777  — 
foreign  27,033=108,810.  These  proportions  could  not  have 
varied  much  in  1876,  because,  we  find  that  year  22,134 
naturalized  citizens  registered.  If  from  colored  males, 
Chinese,  Indians  and  foreign-born  negroes  are  deducted, 
it  will  be  found  that  the  colored  voters  could  not  have 
exceeded  the  white  electors  in  1876.  It  is  the  opinion  of 
Professor  Chaille,  an  eminent  authority,  that  there  was  a 
small  majority  of  white  voters  in  the  state.* 

These  statistics  prove  two  things  incontrovertibly — first, 
that  the  stories  about  the  great  number  of  negroes  being 
killed  in  Louisiana  from  1870  to  1880  were  altogether 
false;  and,  second,  that  the  registration  of  1876,  which 
showed  a  majority  of  22,314,  colored  voters  in  the  state, 
was  fraudulent.  It  has  been  demonstrated  that  there  were 
at  least  11,500  fraudulent  negro  voters  registered  in  New 
Orleans.  There  must  have  been  several  thousand  more 
false  registrations  outside  the  city.  The  supervisors  were 

*  H.  R.  Mis.  Doc.  No.  34,  Part  2,  44th  Cong,  ad  Sess.  pp.  476  to  480. 


124  A    POLITICAL    CRIME. 

with  few  exceptions  men  of  bad  character.  The  facility 
with  which  negroes  can  be  falsely  registered  and  used  as 
"  repeaters  "  at  the  polls  is  well  known. 

The  election  was  a  peaceable  one  throughout  the  state. 
There  is  not  only  abundant  affirmative  proof  of  this,  but 
all  attempts  to  prove  the  contrary  have  signally  failed. 
There  is  not  in  all  the  thousands  of  pages  *  of  testimony, 
which  have  been  taken  in  regard  to  the  election  of  1876 
in  Louisiana,  a  scintilla  of  evidence  to  prove  that  on  the 
day  of  the  election  there  was  at  a  single  polling  place  in 
the  State  any  riot,  tumult,  disturbance,  or  intimidation. 
The  election  officers  were  all  republicans.  The  supervisors 
of  registration  were  selected  with  a  view  to  their  reckless 
unscrupulousness  and  their  entire  dependence  on  the  Re 
publican  leaders.  They  were  not  only  carefully  instructed 
in  regard  to  the  advantages  which  the  law  gave  them,  and 
how  to  avail  themselves  thereof,  but  they  were  plainly  told 
that  their  political  future  depended  entirely  upon  their 
work.f  The  committee  on  canvassing  and  registration 
issued  its  orders  to  the  supervisors  of  every  parish,  and  set 
the  mark  they  were  to  obtain,  and  notified  them  that  unless 
this  result  was  achieved  they  would  "  not  be  held  to  have 
done  "  their  "  full  duty  in  the  premises."  At  the  same  time 

TT  J  ?T-nate  ReP°rts  No-  7oi,  44th  Cong.,  and  Sess.,  3  vols.,  3,100 pages. 
H.  R.  Mis.  Doc.,  44111  Cong.,  and  Sess.,  6  parts,  3,000 pages.  H.  R.  Mis. 
Doc.,  No.  42,  44th  Cong.,  2nd  Sess.,  440  pages.  H.  R.  Mis.  Doc.,  No 
31,  5  parts,  2,n6pages. 

t  HEADQUARTERS  REPUBLICAN  PARTY  OF  LOUISIANA, 

Rooms  Joint   Committee  on  Canvassing  and   Registration, 

MECHANICS'  INSTITUTE,  Sept  25,  1876. 
Supervisor  of  Registration,  Parish  of  Assumption,  La.: 

DEAR  SIR:  It  is  well  known  to  this  committee  that,  from  examina 
tion  of  the  census  of  1875,  the  Republican  vote  in  your  parish  is  2  200  and 
the  Republican  majority  is  900. 

You  are  expected  to  register  and  vote  the  full  strength  of  the  Repub 
lican  party  in  your  parish. 

Your  recognition  by  the  next  state  administration  will  depend  upon 
your  doing  your  full  duty  in  the  premises,  and  you  will  not  be  held  to  have 


AN   HONEST    ELECTION.  125 

they  were  promised  «  ample  and  generous  recognition  "  if 
they  deserved  it.    The  census  of  1875,  prepared  as  the  basis 
for  the  election  frauds  of  1876,  was  also  made  the  standard 
by  which  the  services  of  the  election  officers  were  to  be 
judged.     The  deliberation  and  cool  impudence  with  which 
these  unconscionable  rogues  set  about  their  infamous  work 
cannot  be  paralleled  in  the  history  of  political  scoundrelism ! 
There  were  fifty-six  parishes,  exclusive  of  New  Orleans, 
and  nearly  a  thousand  polling  places  in  the  state.      There 
were  seventy-four  supervisors  and  assistant  supervisors  of 
registration,  their  clerks  and  three  commissioners  of  election 
for  each  poll,  selected  by  the  Republican  managers.     And 
yet  when  the  election  closed  and  the  returns  came  to  the 
supervisors,  and  were  consolidated,  and  made  ready  to  be 
transmitted  to  the  Returning  Board,  only  two  supervisors 
made,  then  and  there,  as  the  law  required,  any  protests  af 
fecting  the  fairness  and  freeness  of  the  registration,  or  the 
peaceable  and  honest  character  of  the  election  had  or  held 
under  their  supervision. 

In  but  one  solitary  instance  throughout  the  entire 
State,  and  that  was  in  the  city  of  New  Orleans,  did  the  com 
missioners  of  election  allege  intimidation.  This  exception 
was  at  poll  2,  eleventh  ward,  New  Orleans,  where  A.  W. 
Kempton*  and  A.  M.  C.  Hearsey,  two  Custom  House 
pensioners,  after  the  returns  were  completed,  refused  to 

done  vour  full  dutv  unless  the   Republican  registration  in  your  parish 

tained,  your  recognition  will  be  ample  and  generc 

Very  respectfully  your  obedient  servant, 

D.  J.  M.  A.  JEWETT, 

Secretary. 

*  H.  R.  Mis.  Doc.  No,  34  Part  2,  44th  Cong.  2nd  Sess.  p.  18. 


126  A    POLITICAL    CRIME. 

sign  them  at  the  last  moment,  alleging  that  they  had  been 
intimidated.  This  was  a  mere  pretext.  The  poll  was  sur 
rounded  all  day  by  deputy  marshals  and  metropolitan 
police,  and  the  United  States  supervisor  of  election  was 
present  in  the  room.  It  was  simply  a  case  of  "  pure  cus- 
sedness  "  on  the  part  of  Kempton  and  Hearsey,  who  were 
determined  to  furnish  a  pretext  for  the  disfranchisment 
of  412  respectable  citizens  living  in  the  best  portion  of 
the  residence  quarter  of  the  city.  There  was  no  legal 
process  by  which  these  two  miscreants  could  be  compelled 
to  do  their  duty.  Had  the  men,  who  were  to  be  dis 
franchised,  been  black,  an  appeal  could  have  been  made 
to  the  United  States  court,  but  inasmuch  as  they  were 
white  gentlemen  they  had  no  remedy  save  to  "  the  political 
court "  presided  over  by  one  of  Kellogg's  creatures.  No 
attempt  was  ever  made  to  justify  the  conduct  of  Kempton 
and  Hearsey. 

The  assistant  supervisor  for  the  ward,  one  of  Kellogg's 
police  officers,  refused  to  compile  the  vote  of  this  poll,  al 
though  it  was  his  duty  under  the  law  to  do  so  and  state 
the  facts  in  regard  to  the  action  of  the  commissioners; 
and  the  Returning  Board,  of  course,  did  not  count  it.  The 
two  instances  where  supervisors  accompanied  their  consoli 
dated  statements  of  the  votes  of  their  parishes  by  objec 
tions,  made  in  conformity  to  the  law,  were  N.  McKenny, 
of  Caddo,  and  C.  A.  Bossier,  of  St.  Charles.  In  the  one 
case  the  objections  affected  only  the  votes  for  justices  of 
the  peace  and  constables,  and  in  the  other  the  supervisor 
declined  to  incorporate  the  votes  of  two  polls,  because, 
where  he  had  established  one,  the  commissioners  made 
two,  which  by  law  they  had  no  right  to  do. 

The  election  law  *  which  conferred  such  vast  authority 
*  For   Louisiana   election   law  and   instructions   to    Supervisors   of 


THE    LAW'S    REQUIREMENTS.  I2/ 

upon  election  officers,  upon  the  supervisors  of  registration, 
and  upon  the  Returning  Board  prescribed  exactly  what 
they  should  do,  and  how  they  should  do  it.  If  there  had 
been  any  occurrence  to  prevent,  or  tending  to  prevent,  "  a 
full,  fair,  and  free  registration,"  when  they  came  to  make  up 
their  consolidated  statements  of  the  votes  from  the  returns 
to  them  by  commissioners  of  election,  they  must  note  on 
the  blank  furnished  them  on  which  to  compile  the  returns, 
under  the  head  of  "  remarks,"  their  statements  about  inter 
ference  with  registration  and  must  swear  to  the  truth  there 
of  and  have  three  respectable  citizens,  qualified  voters  of 
the  parish,  corroborate  the  same  under  oath. 

As  to  all  occurrences  on  the  day  of  the  election  at  the 
polls,  it  was  the  duty  of  the  commissioners  of  election  to 
certify,  under  oath,  and  have  the  same  corroborated  under 
oath,  by  three  respectable  citizens,  qualified  voters  of  the 
voting  place.  When  they  made  out  their  returns,  which 
must  be  on  the  day  of  the  election,  if  there  had  been  any 
thing  happen  which  in  their  judgment  affected  "the  purity 
and  freedom"  of  the  election,  they  must  make  a  statement 
thereof  under  oath  and  have  three  citizens  vouch  for  the 
truth  of  the  same,  and  forward  it  along  with  their  returns,  the 
tally  sheets,  registration  lists,  all  made  out  in  duplicate,  one 
set  to  the  supervisor,  and  one  to  the  clerk  of  the  parish 
court. 

The  supervisor  must  note  under  the  head  of  "  remarks  " 
on  his  consolidated  statement,  the  facts  in  regard  to  any 
polls  reported  by  the  commissioners,  and  must  attach 
thereto,  "  by  paste,  wax,  or  other  adhesive  substance,"  the 
statement  of  the  commissioners.  This  consolidated  state- 


Registration  issued  by  State  Registrar  of  voters  see  H.  R.  Mis.  Doc.  No.  34, 
Part  2,  44th  Cong,  and  Sess.  pp.  539  to  589.  For  elaborate  analysis  of  same 
see  Electoral  Count — Arguments  of  ex-Senators  Carpenter  and  Trumbull, 
pp.  263  to  299  and  301  to  341. 


128  A    POLITICAL    CRIME. 

ment,  the  remarks  thereon,  with  statements  attached,  must 
be  certified  as  correct  by  the  clerk  of  the  court,  and  a  dupli 
cate  deposited  in  his  office.  The  supervisors  had  no  au 
thority  to  reject  the  returns  from  any  polls,  or  to  refuse  to 
compile  the  same  on  their  consolidated  statements.  It  was 
their  duty  to  compile  and  to  note  under  "remarks"  the  facts, 
and  send,  attached  to  their  statements,  the  evidence  required 
by  law.  They  were  omnipotent  in  all  matters  relating  to 
registration,  but,  that  completed,  their  functions  became 
wholly  ministerial  and  they  could  only  report  facts  and  evi 
dence,  in  the  manner  prescribed,  to  the  Returning  Board 
who  were  to  pass  judgment  thereon. 

It  was  further  provided,  by  section  43  of  the  election 
law,  that  the  supervisors  should,  "  after  the  receipt  of  all  the 
returns  for  the  different  polling  places,"  consolidate  the 
same  in  duplicate  and,  after  certification  by  the  clerk  of  the 
district  court  that  the  same  were  correct,  according  to  the 
duplicate  returns  in  his  possession,  deposit  one  copy  of  the 
consolidated  statement  with  the  said  clerk,  and  "  FORWARD 
BY  MAIL,  inclosed  in  an  envelope  of  strong  paper ;  or  cloth, 
securely  sealed"  to  the  Returning  Board  the  other,  with 
all  the  returns  made  by  the  commissioners  to  the  super 
visors,  tally  sheets,  registered  lists  of  voters  for  each  poll 
ing  place,  and  the  statements,  if  any,  in  regard  to  occur 
rences  affecting  "  the  purity  and  freedom  "  of  the  voting, 
attached  thereto. 

The  provisions  to  prevent  tampering  with  the  returns 
were  ample.  Duplicates  of  everything  went  to  the  clerks  of 
the  courts  at  the  parish  towns,  and  there  the  supervisors 
made  up,  on  blanks  furnished  for  that  purpose,  duplicate 
consolidated  statements  of  the  returns  from  the  commis 
sioners  of  election,  making  under  the  head  of  "  remarks  " 
whatever  statements  they  had  to  make  concerning  registra- 


THUS    AND    NOT    OTHERWISE.  129 

tion,  and  having  the  same  verified  as  the  law  required,  and 
also  such  statements  as  the  reports  of  the  commissioners 
justified  concerning  the  character  of  the  election  at  the  re 
spective  polls,  and  attach  thereto  the  said  reports,  and  have 
the  clerk  certify  to  the  correctness  of  all;  this  done,  one 
copy  of  the  consolidated  statements  must  be  deposited  with 
the  said  clerks,  who  were  the  custodians  of  duplicates  of  the 
commissioners'  returns,  tally  sheets,  lists  of  registered  voters, 
and  the  boxes  containing  the  ballots,  and  the  other,  with 
duplicates  of  returns,  tally  sheets,  and  lists  of  registered  vo 
ters,  and  statements,  if  any,  by  commissioners,  properly 
verified,  affecting  "  the  purity  and  freedom  "  of  election, 
must  be  forwarded  by  mail  to  the  Returning  Board. 

When  the  law  had  been  thus  obeyed,  and  all  formalities 
strictly  complied  with,  the  Returning  Board,  coming  into 
possession  of  the  original  returns  from  every  poll  or  voting 
place  in  the  State,  and  for  their  convenience  tabulated  by 
parishes,  said  tabulations,  or  consolidated  statements,  hav 
ing  attached  thereto  whatever  evidence  there  was  affecting 
"  the  purity  and  freedom  "  of  the  voting  at  any  polls,  and 
whatever  evidence  there  was  concerning  interference  with 
registration,  then  the  process  of  canvassing  and  compiling 
began. 

In  canvassing  and  compiling  the  law  regulated  the 
process  in  the  strictest  manner.  It  said,  "  they  shall  com 
pile  first  the  statements  from  all  polls  or  voting  places  at 
which  there  shall  have  been  a  fair,  free,  and  peaceable  regis 
tration  and  election."  How  were  they  to  know  that  at  any 
poll  there  had  not  been  "  a  fair,  free,  and  peaceable  regis 
tration  and  election  ?"  The  law  tells  how.  "  Whenever, 
from  any  poll,  or  voting  place,  there  shall  be  received  the 
statement  of  any  supervisor  of  registration  or  commissioner 
of  election,  in  form  as  required  by  section  twenty-six  of 


I3O  A    POLITICAL    CRIME. 

this  act,  on  affidavit  of  three  or  more  citizens,  of  any  riot, 
tumult,  acts  of  violence,  intimidation,  armed  disturbance, 
bribery,  or  currupt  influences,  which  prevented,  or  tended 
to  prevent,  a  fair,  free,  and  peaceable  vote  of  all  qualified 
electors,  entitled  to  vote  at  such  poll  or  voting  place,  such 
returning  officers  shall  not  canvass,  count,  or  compile  the 
statements  of  votes  from  such  poll  or  voting  place  until  the 
statements  from  all  other  polls  or  voting  places  shall  have 
been  canvassed  and  compiled." 

That  is  to  say — all  statements  from  polls  or  voting 
places  which  were  not  affected  by  "  the  statement  of  any  su 
pervisor  of  registration  or  commissioner  of  election  in  form 
as  required  by  section  twenty-six,"  must  be  canvassed  and 
compiled.  Of  course,  these  words,  "  canvass  "  and  "  com 
pile,"  have  an  exact,  definite,  legal  meaning.  That  meaning 
has  been  determined  time  out  of  mind.  "  Canvass"  means, 
in  the  connection  here  used,  as  the  courts  have  invariably 
decided,"  to  examine  thoroughly  "  for  errors  of  computa 
tion,  or  mistatement  in  figures  of  results,  and  to  "compile  " 
means  to  "  put  together."  Therefore,  the  returning  officers 
were  first  "to  examine  thoroughly"  and  "put  together"  the 
votes  from  all  polls  or  voting  places  concerning  which  there 
had  not  come  to  them  "  the  statement  of  any  supervisor  of 
registration  or  commissioner  of  election,  in  form  as  required 
by  section  twenty-six  of  this  act." 

They  could  take  no  other  "  statement."  It  must  come 
from  a  supervisor  of  registration  or  commissioner  of  election, 
in  form  as  required  by  section  twenty-six.  And  section 
twenty-six  "required"  these  statements  to  be  exact  and 
definite;  in  a  certain  "form"  made  at  a  certain  time  and 
place,  verified  by  certain  persons,  and  certified  as  correct  by 
certain  officers  independent  of  the  supervisors  or  commis 
sioners.  The  supervisors  could  only  make  "  statements  "  as 


"THE   FORMS    OF   LAW."  131 

to  the  registration  and  they  must  make  these  under  oath,  and 
have  them  corroborated  by  three  reputable  citizens,  qualified 
voters,  who  must  swear  to  their  knowledge ;  then  these 
statements  must  be  made  on  the  blank  for  consolidated 
returns,  or  attached  thereto,  with  reference  to  the  same  on 
the  blank.  The  clerk  of  the  court  must  certify  thereto  and 
an  exact  duplicate  must  be  filed  with  him. 

The  commissioners  of  election  must  make  their  state 
ments  affecting  the  voting  at  the  polls,  they  must  have  them 
corroborated  by  three  respectable  witnesses,  qualified  voters, 
they  must  be  sworn  to,  and  in  duplicate,  and  must  be  for 
warded  along  with  their  returns,  one  with  their  duplicate  re 
turns,  tally  lists,  lists  of  registered  voters,  and  the  ballot- 
boxes,  to  the  clerk  of  the  court,  and  one  to  the  supervisor  of 
registration  for  their  parish,  with  duplicate  of  returns,  tally 
lists,  and  lists  of  registered  voters.  The  supervisor  must  for 
ward  these  attached  to  his  consolidated  statement  in  an  en 
velope  of  strong  paper,  or  cloth,  securely  sealed,  by  mail  to 
the  returning  officers,  and  deposit  a  duplicate  of  his  state 
ment  with  the  clerk  of  the  court,  both  having  first  been  cer 
tified  to  by  the  clerk. 

Having  "examined  thoroughly"  and  "put  together" 
the  votes  from  all  polls  or  voting  places  unaffected  by  "  the 
statement  of  any  supervisor  of  registration  or  commissioner 
of  election  in  form  as  required  by  section  twenty-six,"  the 
returning  officers  had  fulfilled  their  functions  so  far  as  these 
polls  or  voting  places  were  concerned.  And,  moreover,  the 
law  required  them  to  proceed  by  polls,  and  not  by  parishes. 
"  They  shall  compile  first  the  statements  from  all  polls  or 
voting  places  at  which  there  shall  have  been  a  fair,  free,  and 
peaceable  registration  and  election."  There  was  no  discre 
tion —  the  law  was  mandatory.  They  were  vested  with 
extraordinary  powers  and  the  law-makers  prescribed  in 


132  A   POLITICAL    CRIME. 

positive  terms  not  only  their  duties  but  the  manner  in  which 
they  should  exercise  them. 

The  votes  from  all  polls  or  voting  places  at  which  there 
was  a  fair,  free,  peaceable  registration  and  election,  having 
been,  passed  upon  and  put  together,  the  law  says,  "  the 
returning  officers  shall  then  proceed  to  investigate  the  state 
ments  of  riot,  tumult,  acts  of  violence,  intimidation,  armed 
disturbance,  bribery,  or  corrupt  influences  at  any  such  poll  or 
voting  place  :  and  if  from  the  evidence  of  such  statement. . ." 
that  is,  the  statement  of  any  supervisor  of  registration  or 
commissioner  of  election,  in  form  as  required  by  section 
twenty-six  —  "  they  shall  be  convinced  that  such  riot, 
tumult,  acts  of  violence,  intimidation,  armed  disturbance, 
bribery,  or  corrupt  influences  did  not  materially  interfere 
with  the  purity  and  freedom  of  the  election  at  such  poll  or 
voting  place,  or  did  not  prevent  a  sufficient  number  of 
qualified  voters  thereat  from  registering  or  voting  to 
materially  change  the  result  of  the  election,  then  and  not 
otherwise,  said  returning  officers  shall  canvass  and  compile 
the  vote  of  such  poll  or  voting  place  with  those  previously 
canvassed  and  compiled :  but  if  said  returning  officers  shall 
not  be  fully  satisfied  thereof,  it  shall  be  their  duty  to  exam 
ine  further  testimony  in  regard  thereto,  and  to  this  end  they 
shall  have  power  to  send  for  persons  and  papers.  If,  after 
such  examination,  the  said  returning*  officers  shall  be  con 
vinced  that  said  riot,  tumult,  acts  of  violence,  intimidation, 
armed  disturbance,  bribery,  or  corrupt  influences  did  ma 
terially  interfere  with  the  purity  and  freedom  of  the  election 
at  such  poll  or  voting  place,  or  did  prevent  a  sufficient 
number  of  the  qualified  electors  thereat  from  registering  and 
voting  to  materially  change  the  result  of  the  election,  then 
the  said  returning  officers  shall  not  canvass  or  compile  the 
statement  of  the  votes  of  such  poll  or  voting  place,  but 


IMPORTANT    LANGUAGE.  133 

shall  exclude  it  from  their  returns :  Provided,  that  any 
person  interested  in  said  election  by  reason  of  being  a 
candidate  for  office  shall  be  allowed  a  hearing  before  said 
returning  officers  upon  making  application  within  the  time 
allowed  for  the  forwarding  of  the  returns  of  said  election." 

It  will  be  observed  that  throughout,  section  3  of  the 
election  law,  conferring  judicial  power  upon  the  returning 
officers,  is  strikingly  exact  and  specific  in  the  language 
used.  In  the  proviso,  even,  giving  candidates  a  chance  for 
a  hearing  it  requires  that  they  shall  make  application 
"  within  the  time  allowed  for  the  forwarding  of  the  returns 
of  said  election."  This  language  is  important,  because,  it 
proves  that  all  the  proceedings  by  the  commissioners  of 
election  and  the  supervisors  were  to  be  open  and  public. 
For  this  reason,  among  others,  duplicates  of  everything 
had  to  be  filed  with  the  clerk  of  the  court  at  the  parish 
town,  so  that  all  men  might  be  informed  of  what  had  been 
done.  How  else  could  they  know  certainly  what  had 
transpired  and  make  "  application  within  the  time  allowed 
for  the  forwarding  of  the  returns?" 

The  election  of  all  local  officers  depended  upon  the  action 
taken  by  the  returning  officers.  The  candidates  learning  from 
the  clerk  of  the  court,  from  duplicates  on  file  with  him,  that 
returns  from  certain  polls  or  voting  places  were  impeached 
for  certain  causes,  coulfr  have  a  hearing  before  the  returning 
officers,  provided,  they  made  their  application  in  due 
season.  It  must  be  made  "  within  the  time  allowed  for  the 
forwarding  of  the  returns."  How  long  was  this  time? 
Section  43  of  the  election  law  says,  "  within  twenty-four 
hours  after  the  receipt  of  all  the  returns  from  the  different 
polling  places,"  the  supervisors  of  registration  were  "  to  con 
solidate  such  returns  "  and  forward  them  by  mail.  There 
fore,  within  the  "twenty-four  hours  after  the  receipt  of  all 


134  A    POLITICAL    CRIME. 

the  returns  from  the  different  polling  places  "  the  applica 
tion  to  the  returning  officers  must  be  made  for  a  hearing. 
Bearing  these  provisions  of  the  election  law  in  mind  let  us 
see  what  happened. 


REPUBLICAN    HOPES.  135 


CHAPTER    VIII. 


A  gain  of  2500  votes  in  New  Orleans  by  means  of  registration  frauds 
made  the  republicans  hopeful  of  the  state :  Provision  made  before 
hand  for  the  Returning  Board  villainy :  The  Republican  visiting 
statesmen  :  How  they  prated  about  the  forms  of  law  and  encour 
aged  their  violation :  The  monument  they  left  behind :  The  manu 
facture  of  affidavits  in  the  custom  house :  The  modus  operandi : 
The  supervisors  of  registration  did  not  make  their  returns  accord 
ing  to  law :  They  brought  them  to  New  Orleans  to  be  doctored : 
Evidence  of  intimidation  had  to  be  supplied  by  means  of  perjury 
and  forgery :  The  part  played  by  visiting  statesmen :  The  Sherman 
letter :  The  evidence  concerning  it :  The  use  made  of  the  New 
Orleans  Post-office  :  The  mails  tampered  with  :  What  was  done  in 
the  postmaster's  private  office  :  A  statement  by  one  of  the  princi 
pal  actors  :  Falsification  of  records. 


THE  Republican  managers,  as  they  have  testified  them 
selves,*  were  confident  for  one  week  after  the  election  on 
7th  of  November  1876,  that  their  plans  had  worked  suc 
cessfully,  and  that  they  would  have  on  the  face  of  the  re 
turns  a  majority  of  all  the  votes  cast.  They  had  made  a 
gain  of  2,500  votes  in  New  Orleans  over  the  vote  of  1874, 
and  they  did  not  doubt  that  they  had  made  corresponding 
gains  in  other  localities.  As  the  returns  came  in  their 
views  seemed  to  be  corroborated  and  they  were  corres 
pondingly  jubilant.  They  assured  their  northern  friends 
that  they  had  carried  the  state. 

*  See  Jewett's  testimony,  H,   R.  Mis.  Doc.  No.  31,  45th  Cong.  3d 
Sess.  p.  1441. 


136  A    POLITICAL    CRIME. 

D.  J.  M.  A.  Jewett,  testified  before  the  Potter  com 
mittee,  that  it  was  not  until  the  I2th  or  131!!  of  November 
that  they  were  satisfied  the  returns  would  be  against 
them.  This  is  not  improbable.  Their  success  in  in 
creasing  the  negro  registration  in  New  Orleans,  and  in 
voting  a  large  number  of  those  fraudulently  registered, 
gave  them  ground  of  hope  for  the  success  of  like  tac 
tics  outside  the  city.  They  knew  that  they  had  regis 
tered  fully  20,000  more  negro  voters  than  there  were  quali 
fied  negro  electors  in  the  state,  and  they  did  not  doubt  that 
this  fraudulent  registration  would  enable  them  to  secure 
large  majorities — increases  in  proportion  to  the  gain  in 
New  Orleans  —  in  certain  negro  wards  in  different  parishes. 
Hence  their  confidence. 

But  they  nevertheless  had  provided  against  contin 
gencies  by  instructing*  their  supervisors  of  registration 
to  disobey  the  law,  and,  instead  of  forwarding  their 
returns  by  mail  to  the  returning  officers,  to  bring  them 
in  person  to  New  Orleans.  As  they  came  in  the  super 
visors  did  not  deposit  the  returns  with  the  returning 
officers  but  carried  them  to  the  Custom  House.  Some  of 
them  had  obeyed  the  law  and  forwarded  their  returns  by 
mail  but  the  registered  packages  containing  the  same  were 
stopped  in  the  New  Orleans  Post-office  and  either  retained 
there,  or  turned  over  to  the  Republican  managers.  Only 
seventeen  supervisors  of  registration  obeyed  the  law  and 
forwarded  their  returns  by  mail. 

On  November  12  and  13  the  "visiting  statesmen,"  who 
had  been  invited  by  the  President  of  the  United  States  to 
be  present  "  in  Louisiana,  to  see  that  the  board  of  can 
vassers  make  a  fair  count  of  the  votes  actually  cast,"  began 

-  H-  R'  Mis-  Doc-   No.  31,  45th  Cong.  3d 


CAPTIOUS    SHERMAN.  137 

to  arrive  in  New  Orleans.*  The  Democratic  visitors  ar 
rived  about  the  same  time  and  they  addressed  a  communi 
cation  to  Stanley  Mathews,  James  A.  Garfield,  John  A. 
Logan,  William  D.  Kelley,  John  A.  Kasson,  William  M. 
Evarts,  E.  W.  Stoughton,  John  A.  Dix,  and  others,  stating 
that  it  was  understood  that  they  were  there  at  the  request 
of  the  President  "  to  see  that  the  board  of  canvassers  make 
a  fair  count  of  the  votes  actually  cast,"  and  inviting  a 
conference  "  in  order  that  such  influence  as  we  pos 
sess  may  be  exerted  in  behalf  of  such  a  canvass  of  the 
votes  actually  cast  as  by  its  fairness  and  impartiality  shall 
command  the  respect  and  acquiescence  of  the  American 
people  of  all  parties." 

This  invitation  was  replied  to  by  Republican  visitors,  t 
on  the  1 6th,  John  Sherman  signing  first,  captiously  de 
clining  to  cooperate,  "to  influence"  the  judicial  action 
of  the  Returning  Board.  They  declared  that  they  could 
not  "  concur  in  your  proposition  for  a  conference " 
on  the  basis  of  reducing  "  to  the  mere  clerical  duty 
of  counting  «  the  votes  actually  cast  '  in  distinction 
from  votes  legally  cast  and  returned,  irrespective  of  the 
question  whether  they  are  fraudulently  and  violently  cast, 
or  otherwise  vitiated."  They  further  stated  that  "  it  is,  in 
our  judgment,  vital  to  the  preservation  of  constitutional 
liberty  that  the  habit  of  obedience  to  the  forms  of  law 
should  be  sedulously  inculcated  and  cultivated,  and  that 
the  result  to  extra-constitutional  modes  of  redress,  for  even 
actual  grievances,  should  be  avoided  and  condemned  as 
revolutionary,  disorganizing,  and  tending  to  disorder  and 
anarchy." 


*  Sherman  Report,   Senate,  Ex.  Doc.   No.  2,  44th  Cong.  2d  Sess. 
P-  3i- 

t  Ibid,  p.  32. 


138  A    POLITICAL    CRIME. 

The  "  forms  of  law  "  for  the  guidance  of  election  officers 
and  supervisors  of  registration  in  making  their  returns,  and 
for  the  returning  officers  in  canvassing  and  compiling  the 
same  have  been  pointed  out.     Let  us  see  how  the  Repub 
lican  visiting  statesmen  "  sedulously  inculcated  and  culti 
vated  "   obedience  thereto.     In    only  one  single  instance 
had  the  commissioners  of  election  alleged  intimidation  and 
that  was  not  an  allegation  that  the  voters  had  been  intimi 
dated.     There  was  not  from  a  single  polling  place  in  the 
state  a  statement  "  in  form  as  required  by  section  twenty- 
six."     Not  one  of  the  supervisors  of  registration  had  "  in 
form  as  required  by  section  twenty-six  "  made  objections  to 
the  registration  of  voters  for  a  single  voting  place.     Two  of 
them  had,  at  the  time  and  place  designated  by  law,  noted 
on  their  consolidated  statements  informalities  and  irregu 
larities  affecting  returns  from  two  polls,  but  not  alleging  in 
timidation,  or  acts  of  violence.     Four  supervisors  had  as 
sumed  "judicial  powers,"  which  the  law  conferred  alone 
upon  the  returning  officers,  and  had  rejected  —  refused  to 
compile  —  the  commissioners'  returns  from  twelve  polling 
places;  and  three  assistant  supervisors  for  wards  of  New 
Orleans  had  likewise  illegally  declined  to  consolidate  re 
turns  from  three  polls.     Did  one  of  these  gentlemen  who 
thought  it  so  "  vital  to  the  preservation  of  constitutional 
liberty  that  the  habit   of  obedience  to  the  forms  of  law 
should  be  sedulously  inculcated  and  cultivated  "  insist  that 
the  returning  officers  rebuke  the  unlawful  action  of  these 
four  supervisors  and  three  assistant  supervisors  ?    Did  they  * 

*  James  A.  Garfield  testified  as  follows  :  "  We  very  soon  organized  by 
electing  Senator  Sherman  as  chairman.  *  *  *  One  of  the  first  consultations 
we  had  was  to  determine  on  a  course  of  procedure  and  the  first  thing 
was  that  a  committee  should  be  appointed  of  our  number  to  examine  the 
laws  of  Louisiana  touching  the  whole  questions  of  elections,  and  of  the 
Returning  Board.  *  *  There  was  a  careful  examination  of  the  laws  to 
find  precisely  what  they  were  both  in  their  letter  and  in  their  scope,  so  far 
as  we  could  discover."—//.  R.  Mis.  Doc.  No.  31,  4sth  Cong.  3d  Sess  p  790 


MONUMENTAL    INFAMY.  139 


advise  the  returning  officers  that  "  the  forms  of  law     pre- 
scribing  the  method  of  canvassing  and  compiling '< ;  first ^the 
statements  from  all  polls  or  polling  places  at  which  there 
shall  have  been  a  fair,   free,   and  peaceable  registration 
and  election"  should  be  observed?     Did  they  insist .that 
the  only  legal  method  the  returning  officers  had  of  dete 
mining  that  "a  fair,  free,  and  peaceable  registration  and 
election"  had  not  been  had  at  any  poll  or  voting  place, 
was  to  ascertain  whether  "  the  statement  of  any  supervisor 
of  registration  or  commissioner  of  election,  in  form  as  re 
quired  by  section  twenty-six  "  had  been  received  ?  Did  they 
maintain  that  « the  forms  of  law  "  required  these  statements 
of  supervisors  of  registration  and  of  commissioners  of  elec 
tion  to  be  filed  in  duplicate  with  the  clerks  of  courts nn  thei, 
respective  parishes  and  other  duplicates  certified  by  these 
clerks  to  be  "forwarded  by  mail"  to  the  returning  officers ? 
What  monument  "  more  enduring  than  brass"  did  these 
gentleman  leave  behind  them  to  attest  their  belief  that 
was  so  "vital  to  the  preservation  of  constitutional  liberty 
that  the  habit  of  obedience  to  the  forms  of  law  should  be 
sedulously  inculcated  and  cultivated,  and  that  the  resort  to 
extra-constitutional    modes  of   redress,   for    even    actual 
grievances,  should  be  avoided  as  revolutionary  d-orgamz- 
mg,   and  tending  to   disorder  and  anarchy?       They  1 
behind  them  a  monument  which  it  is  devoutly  to  be  hoped 
will  prove  "a  beacon  light  and  warning"  "succeeding 
generations.     The  labor  was  vast  and  they  subdivided  it 
John  Sherman  headed  a  committee  of  five  that  attended 
he  open  sessions  of  the  Returning  Board  to  give  counten 
ance  tt,  those  eminent  and  impartial  jurists  (?)J.  Madison 
Wells,  Thomas  C.  Anderson,  Louis  M.   Kenner    and  G. 
Cassannave  who  were  to  preserve  "  the  purity  ^freedom 
of  elections  in  Louisiana  !     James  A.  Garfield,  Courtlandt 


140  A    POLITICAL    CRIME. 

Parker,  and  other  distinguished  sticklers  for  the  "  habit 
of  obedience  to  the  forms  of  law,"  were  established  in  the 
Custom  House  *  to  supervise  the  manufacture  there  of  affi 
davits  which  were  to  supply  the  place  of  the  "  statement  of 
any  supervisor  of  registration  or  commissioner  of  election, 
in  form  as  required  by  section  twenty-six  "  of  the  election 
law.  Still  other  eminent  gentlemen,  aided  on  extraordinary 
occasions  by  John  Sherman  and  Stanley  Mathews,  cooper 
ated  with  Kellogg,  Packard,  and  other  cogging,  cozening 

*  "  1  occupied  a  room  in  the  Custom  House,  in  the  corner  of  the  build 
ing.  I  do  not  know  now  whose  room  it  was.  It  was  a  room  that  was  not 
very  much  used.  I  think  it  was  one  of  the  private  offices,  perhaps  of  the 
collector  himself." 

Q.  "  What  did  you  do  ?"  A.  "  I  took  all  those  papers,  commencing 
with  the  protest,  and  read  them  very  carefully,  and  made  a  careful  brief  of 
their  contents,  giving  the  summary  of  each  witness  in  my  own  way  as  I 
would  if  I  were  a  lawyer  in  the  case ;  and,  when  I  had  completed  that,  I 
felt  a  good  deal  of  anxiety  to  see  the  men  who  had  testified,  if  I  could.'  I 
confess  that  I  felt  a  good  deal  of  surprise  and  astonishment  at  the  revela 
tions  contained  in  those  documents,  and  that  I  went  there  not  a  little  ap 
prehensive  that  there  must  be  a  good  deal  of  lying  on  both  sides,  in  the 
papers  connected  with  the  election.  I  made  inquiry  and  found  that  a  con 
siderable  number  of  those  witnesses  were  in  the  city.  I  made  out  a  list  of 
perhaps  one-half  or  three-fourths  of  the  names  of  the  witnesses  whose  tes 
timony  I  had  examined,  and  I  inquired  for  them  and  procured  interviews 
with  them.  I  sat  down  with  them  and  asked  them  to  tell  me  in  their  own 
way  the  story  of  their  relations  to  the  election.  I  cannot  name  all  the  wit 
nesses  whom  I  so  conversed  with,  but  some  of  them  I  remember  very  dis 
tinctly.  One,  a  Mrs.  Amy  Mitchell,  a  young  woman  whose  husband  had 
been  killed  during  the  progress  of  registration  or  election  ...  I  draughted 
some  inquiries  to  draw  out  more  fully  from  some  of  the  witnesses  the  testi 
mony  which  they  had  given  rather  in  brief  and  some  of  the  interrogatories 
which  subsequently  were  appended  to  the  testimony  of  those  witnesses, 
were  of  my  draughting."  Jas.  A.  Garfteld,  Ibid, p.  791. 

Amy  Mitchell,  examined  July  20,  1878. 

Q.  "  You  made  an  affidavit  which  purports  to  have  been  sworn  to  on 
the  30th  of  Nov.,  1876.  Do  you  remember  taking  an  oath?"  A.  "  I  re 
member  of  making  an  affidavit  here  that  people  made  me  make." 

Q.  "Who  made  you  make  it?"  A.  "  They  just  pushed  me  up  to 
make  it.  I  don't  know  his  name.  Men  that  were  here  when  I  was  making 
it  pushed  me  up  to  make  it.  I  don't  know  who  they  were  who  pushed  me 
up." 

******* 

Q.  "Where  was  it  made?"  A.  "It  was  made  in  the  Custom 
House." 

******* 

Q.  "  Do  you  know  who  wrote  it?"  A.  "  No,  sir;  I  don't  know  who 
wrote.  Somebody  I  never  saw  — one  of  them  clerks  down  there." 


MAKING   AFFIDAVITS.  14! 

carpet-bag  knaves,  to  pledge  "  recognition  "  to  the  covetous, 
the  doubtful,  the  suspicious,  and  to  promise  "  protection  " 
to  others  who  hesitated  to  become  "  swift  witnesses  "  through 
a  wholesome  fear  of  the  law.* 

The  counsel  selected  by  Kellogg  and  Packard  to  direct 
the  preparation  of  "  evidence  "  (?)  to  supply  the  place  of 
that  which  the  supervisors  of  registration  and  commissioners 
of  election  had  failed  to  furnish  were  Dibble,  Gorham, 


Q.  "  Did  you  know  him  at  the  time?"  A.  "No,  sir;  I  didn't  ever 
see  him  before." 

******* 

Q.  "  You  have  heard  me  read  this  affidavit.  Was  it  taken  down  here 
as  you  gave  it  to  the  man  who  questioned  you  about  these  things?"  A. 
"  No,  sir;  I  didn't  say  but  a  little  bit  of  it,  and  that  little  bit  I  didn't  know, 
and  I  was  told  to  say  that  little  bit  I  did  say." 

Q.  "  State  whether  or  not  you  said  anything  to  them  beyond  the  fact 
that  your  husband  had  been  killed?"  A.  "That  I  said:  I  didn't  know 
it." 

Q.  "Did  you  state  to  them  you  did  not  know  who  killed  him?" 
A.  "  Yes,  sir ;  I  told  them  I  didn't  know  who  had  killed  him." 

The  killing  of  Mitchell  was  charged  in  the  affidavit  upon  some  of  the 
most  prominent  democrats  in  the  parish  of  West  Feliciana  and  Amy  Mit 
chell  was  made  to  identify  them  and  to  swear  that  she  saw  the  killing,  and 
give  exactly  the  talk  that  occured  at  the  time  of  the  killing.  Ibid,  Part 
•2,  pp.  471,473. 

Hon.  Wm.  D.  Kelley,  "  visiting  statesman." — Q.  "You  have  spoken 
of  some  affidavits  being  redraughted,  who  did  that  work?"  A.  "  My  im 
pression  is  that  Gen.  Harry  White  redraughted  one  or  two.  and  I  have  a 
vague  impression  that  Mr.  Courtlandt  Parker,  finding  that  some  of  the  affi 
davits  -were  insensible,  sought  to  see  whether  the  parties  had  meant  to  ex 
press  anything  and  finding  that  they  had  redraughted  the  affidavits."  Ibid- 
P,  724- 

*  Q.  "  You  know  Dr.  Darrall,  who  used  to  be  a  Member  of  Congress 
from  Louisiana  ?"  A.  "Yes." 

Q.  "Do  you  recollect  putting  your  arm  across  his  shoulder  and  say 
ing  to  him  'now,  Darrall,  see  that  these  fellows  stand  firm?"  A.  "  I  do 
not  remember  it,  but  I  should  probably  have  done  that  if  I  thought  that 
they  needed  any  strengthening."  Jas.  A.  Garfield' s  testimony,  Ibid,  p. 
797- 

'  I  am  not  positive  which  of  the  parties  present  asked  me  to  bring 
Anderson  and  D.  A.  Weber  to  the  collector's  rooms  where  the  statesmen 
and  state  leaders  were  convened,  but  I  do  know  that  Mr.  Sherman  was  al 
leged  and  believed  to  be  the  special  representative  of  Mr.  Hayes  and  was 
spokesman  of  the  visiting  statesmen  in  their  dealings  with  the  Democratic 
visitors,  and  that  his  words  and  assurances  were  considered  authoritative, 
and  more  influential  than  any  other  leader;  and  my  recollection  is  he  re 
quested  me  to  go  for  my  brother  and  Anderson."  Testimony  of  E.  L. 
Weber,  I  bid,  p.  591. 


142  A    POLITICAL    CRIME. 

Hardy,  Harris,  Morey,  Campbell,  Blanchard,  and  Jewett. 
A  small  army  of  clerks  was  gathered  in  the  Custom  House 
and  the  "  affidavit  mill "  began  to  grind  out,  "  the  proof  of 
violence,  intimidation,  and  armed  disturbance."  The  man 
ner  in  which  this  manufacture  of  "  proof"  was  conducted 
has  been  fully  described  by  witnesses  who  signed  the  affi 
davits  and  by  persons  who  were  employed  as  clerks.* 
Negroes  by  the  scores  were  marshalled  to  the  Custom 
House  under  the  guard  of  deputy  marshals.  Campbell  and 
Morey,  Harris  and  Hardy,  Jewett  and  Blanchard,  had 
direction  of  the  preperation  of  affidavits  for  the  stories  of 
"  outrages  "  which  they  were  chiefly  responsible  for,  while 
George  L.  Smith  and  O.  H.  Brewster  looked  after  the 
details  of  similar  occurrences  in  the  regions  of  Shreveport 

*  Thos.  H.  Nolan,  a  clerk  employed  in  the  Custom  House  to  get  up 
intimidation  affidavits  testified  as  follows —  "we  would  say  that  he  '  knew  ' 
of  so  and  so  instead  of  saying  he  (the  witness)  heard  "  ..."  I  found  very 
few  who  did  know  of  their  own  personal  knowledge  those  things  ;  but  in 
taking  affidavits  it  would  not  be  of  any  use  to  take  an  affidavit  of  that  kind, 
that  is,  say,  a  hearsay  affidavit.  I  did  not  suppose  it  would  amount  to  any 
thing."  Some  witnesses  testified  that  Garfield,  Hale,  Sherman,  and 
Stoughton  were  in  the  Custom  House  frequently  and  manifested  great  in 
terest  in  the  operations  of  the  "affidavit  mill."  Garfield  made  up  a  synopsis 
of  evidence  for  Sherman's  report  from  notes  he  took  from  the  affidavits  in 
Custom  House  —  see  H.  R.  Mis.  Doc.,  No.  31,  part-$,  45th  Cong.,  3d  Sess., 
p.  582. — Also  Ibid,  p.  471  where  Amy  Mitchell  describes  how  she  was 
made  to  lie  about  the  killing  of  her  husband.  Also  p.  306,  testimony  of 
Andrew  Duncan,  colored,  as  to  how  negroes  were  made  to  swear  to  false 
hoods.  Also  the  following  by  R.  B.  Edgeworth  supervisor  of  registration 
for  parish  of  Plaquemine. 

Q.  "  Were  you  where  they  were  making  affidavits  for  use  before  the 
Returning  Board  ?"  A.  "Yes,  I  was  there  quite  often." 

Q.  "Tell  us  what  you  saw  in  regard  to  their  preparation?"  A.  "  Well 
I  saw  them  making  the  affidavits." 

Q.  "  Were  the  persons  who  made  the  affidavits  mostly  colored  ?"  A. 
"All  colored." 

Q.  "  Who  collected  the  information  that  went  into  the  affidavits,  the 
person  who  drew  the  paper?"  A.  "  The  person  who  drew  up  the  paper 
asked  them  some  questions  and  made  the  affidavit  in  a  general  way  to  suit 
his  own  fancy  more  than  anything  else  I  should  judge." 

Q.  "  When  he  got  done  with  it  did  he  go  over  it  with  them?"  A.  "No, 
sir;  it  was  passed  over  to  Hugh  J.  Campbell,  a  judge  there,  and  signed 
and  taken  away." 

Q.  "  And  that  the  affidavits  never  were  read  over  to  them  ?"  A.  "  I 
never  heard  them  read  over  while  I  was  there."  Ibid,  p.  1077. 


COACHING   WITNESSES.  143 

and  Monroe.  There  were  stereotyped  forms  of  questions 
to  be  put  to  the  negroes.  "Do  you  remember  the  killing 
of  Logwood,  or  Dinkgrave,  or  the  whipping  of  Jim.  Stewart, 
or  the  shooting  of  Ben.  James  ?"  as  the  case  might  be.  If 
the  affiant  did  not  answer  "  yes,  sah,"  some  one  standing 
by  would  insist  that  he  did  remember  and  "  coach  "  him. 
The  clerks  wrote  away  with  little  regard  to  who  was  talking. 
The  forms  filled  up,  the  affiants  were  mustered  before  a 
commissioner,  or  a  judge,  and  sworn  by  the  dozen. 

The  supervisors  were  more  important  witnesses.  As  they 
came  to  New  Orleans  they  sought  the  state  registrar's  office 
to  have  their  accounts  approved.  There  they  fell  into  the 
hands  of  Jewett,  or  McArdle,  or  Blanchard.  The  first 
questions  put  to  them  were,  "where  are  your  returns?" 
"  Did  any  of  your  commissioners  of  election  protest  ?" 
"  Have  you  made  a  protest  ?"*  All  but  seventeen  of  the 
fifty-seven  supervisors  had  obeyed  the  instructions  of  Jewett's 
committee  on  canvassing  and  registration  to  bring  their 
returns  to  New  Orleans,  and  very  few  of  the  sixty  obedient 
ones  had  been  thoughtless  enough  to  deposit  their  papers 
with  the  returning  officers.  Not  one  of  the  commissioners 
of  election  had  reported  anything  wrong  at  their  polls,  and 
most  of  them  had  certified  under  oath  that  "  fair,  free,  and 
peaceable  elections"  had  been  held  under  their  auspices. 
There  was  no  way  of  remedying  these  unfortunate  over 
sights  on  the  part  of  the  commissioners.  But  the  super 
visors  could,  if  they  were  willing  to  commit  perjury,  make 
affidavits  as  to  intimidation,  acts  of  violence,  disturbances 
and  killings,  whippings  and  shootings. 

By  law  their  statements  had  to  be  made  at  the  parish 
town,  sworn  to  before  the  clerk  of  the  court,  noted  on  their 
consolidated  statements  of  returns  and  attached  thereto,  and 
*  H.  R.  Mis.  Doc.,  No.  31,  45th  Cong.,  36.  Sess.,  p.  1453, 


144 


A    POLITICAL    CRIME. 


duplicates  deposited  with  said  clerk.  These  "forms  of  law" 
could  not  be  complied  with.  Fifty-seven  of  the  sixty,  it 
must  be  said  to  their  credit,  did  not  commit  the  crime  of 
falsifying  their  records.  Only  three  "  interpolated  "  on  their 
consolidated  statements,  above  the  jurats,  under  the  head 
of  "remarks,"  statements  affecting  certain  polls  in  their 
parishes.*  They  were  Ferguson,  for  De  Soto,  Hutton,  for 
Bossier,  and  Clover,  for  East  Baton  Rouge.  It  is  known 
that  three,  Kelley,  for  Richland,  Grady,  for  Ouachita,  and 
Grant,  for  Morehouse,  were  reluctant  to  comply  with  the 
demands  of  their  masters,  and  that  it  required  much  "  per 
suasion  "  on  the  part  of  Kellogg  to  induce  them  to  do  the 
requisite  swearing.  Two,  Anderson,  for  East  Feliciana,  and 
Weber,  for  West  Feliciana,  refused  positively  to  make  pro 
tests  until  they  had  exacted  stipulated  terms  therefor. 

t  Jewett  states  that  he  was  informed  and  believed  that 
Grant  and  Grady  had  interviews  with  the  "  visiting  states 
men  "  before  they  signed  and  swore  to  the  statements  re 
specting  their  parishes.  J  Anderson  testified  that  he  in 
connection  with  Weber  had  received  in  writing  from  John 
Sherman  the  assurance  that  they  should  be  "  provided  for 
as  soon  after  the  fourth  of  March  as  may  be  practicable, 
and  in  such  a  manner  as  will  enable  you  both  to  leave 
Louisiana  should  you  deem  it  necessary."  A  copy  of  a 
letter,  alleged  by  Anderson  to  have  been  written  by  Sher 
man,  was  submitted  to  the  Potter  committee.  Before  ad- 


*  As  to  interpolations  on  consolidated  statements  by  Ferguson,  Hut- 
ton,  and  Clover,  see  testimony  of  Jewett,  H.  R.  Mis.  Doc.,  No.  31,  45th 
Cong.,  3d  Sess.,  pp.  14,  m. — Also  H,  R.  Mis.  Doc.,  No.  34,  part  i,  44th 
Cong.,  2d  Sess.,  p.  65.  As  to  Kelley  see  H.  R.  Mis.  Doc.,  No.  31,  parts, 
45th  Cong.,  3d  Sess.,  pp.  172,  173,  174.  As  to  Grady  and  Grant  see  same 
Mis.  Doc.,  No.  31,  p.  1453  and  Jewett's  statement  in  Appendix. 

t  See  Jewett's  Statement  in  Appendix. 

t  H.  R.  Mis.  Doc.  No.  31,  44th  Cong.  3$.  Sess.  pp.  9,  10.  Also  testi 
mony  of  J.  Hale  Sypher,  p.  753. 


THE    SHERMAN    LETTER.  145 

mitting  it  in  evidence,  Mr.  Sherman  was  called,  *  and  on 
being  shown  the  copy,  testified  that  he  had  "  no  recollection 
of  ever  writing  such  a  letter:"  that  he  did  not  believe  he 
had  written  such  a  letter ;  but  he  further  swore :  "  at  the 
same  time  there  are  things  in  this  letter  that  I  would  have 
written  to  these  or  any  other  men  who  were  engaged  in 
the  performance  of  what  I  believed  to  be  their  duty,  if  I 
had  been  asked." 

The  letter  was  brief.  It  acknowledged  the  receipt  of  a 
note  from  Weber  and  Anderson,  and  stated  that  "neither  Mr. 
Hayes,  myself,  the  gentlemen  who  accompany  me,  nor  the 
country  at  large  can  ever  forget  the  obligation  under  which 
you  will  have  placed  us  should  you  stand  firm  in  the  posi 
tion  you  have  taken."  Mr.  Sherman  did  not  specify  what 
the  "  things  "  were  in  this  letter  which  he  would  have  written 
had  he  been  asked.  The  admission  of  an  "  obligation  "  im- 

*  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  3d  Sess.  pp.  16,  17.  See  also 
p.  753,  testimony  of  J.  Hale  Sypher,  ex-member  of  Congress  from  La. 
and  a  prominent  carper-bag  politician  of  that  State.  Ibid,  p.  753. 

Q.  "Did  you  know  D.  A.  Weber,  supervisor  of  registration  in  the 
Parish  of  West  Feliciana?"  A.  "I  did." 

Q.   "  Did  you  know  him  pretty  well?"     A.   "Very  well." 

Q.  "Did  he  have  any  convers'ation  with  you  in  respect  to  his  action  as 
supervisor  of  registration '?"  A.  "  On  one  occasion." 

Q.  "Where  was  that  conversation?"  A.  "At  the  entrance  to  the  Custom 
House,  on  Canal  street,  where  he  met  me.  He  inquired  of  me  in  about 
this  language:  '  Can  I  take  the  promises  of  gentlemen  who  are  here  to 
provide  for  me  in  case  I  am  driven  out  of  my  parish  ?'  Said  I :  '  Whom 
do  you  mean?'  He  mentioned  Mr.  Ma  thews  and  Mr.  Sherman,  especi 
ally.  I  remarked  to  him,  '  These  gentlemen  stand  very  close  to  the  Presi 
dent-elect.  They  are  his  intimate  personal  and  political  friends,  and  I 
think  you  can  trust  any  promises  they  make  to  you.'  That  was  the  sub 
stance  of  the  conversation." 

Q.  "  Did  you  have  any  further  talk  with  D.  A.  Weber  on  that  subject 
during  that  visit  of  vours  to  New  Orleans  ?"  A.  "  Yes,  sir.  On  the  next  day, 
or  the  second  day  after  our  meeting  he  met  me  again  on  the  street  and  ex 
hibited  a  letter  to  me,  which  I  read  and  returned  to  him." 

Q.  "By  whom  did  the  letter  purport  to  be  signed  ?"  A.  "It  seemed  to 
have  been  signed  by  John  Sherman." 

Q.  "  Had  you  ever  had  occasion  to  see  any  of  Mr.  Sherman's  writing 
before  that?"  A.  "  Yes,  sir  ;  I  had  seen  some  little  of  it." 

Q.  "  So  far  as  you  could  judge  from  what  you  did  know,  did  you  or  not 
assume  it  to  be  his'?"  A.  "I  presumed  it  was  his  at  the  time  I  read  the 
letter. " 

10 


146  A    POLITICAL    CRIME. 

plies  the  moral  responsibility  to  discharge  it.  If  Mr.  Sher 
man  "  would  have  written "  the  second  sentence  of  the 
letter  admitting  an  "  obligation  "  which  neither  Mr.  Hayes, 
nor  himself,  nor  the  gentlemen  who  accompanied  him,  nor 
the  country  at  large  could  "ever  forget,"  then  it  would 
seem  reasonable  to  assume  that  he  "  would  have  written  " 
also  the  concluding  sentence  of  that  letter,  which  was  as 
follows :  "  From  a  long  and  intimate  acquaintance  with 
Gov.  Hayes,  I  am  justified  in  assuming  responsibility  for 
promises  made,  and  will  guarantee  that  you  shall  be  pro 
vided  for  as  soon  after  the  4th  of  March  as  may  be  practic 
able,  and  in  such  manner  as  will  enable  you  both  to  leave 
Louisiana  should  you  deem  it  necessary."* 

Anderson's  reputation  for  truth  and  veracity  was 
bad.  There  was  some  other  evidence  to  show  that  there 
was  a  letter  like  the  purport  of  the  copy  of  the  one 
produced  by  Anderson.  Ex- Representative  Sypher  testi 
fied  that  D.  A.  Weber  showed  him  one  which  purported  to 
be  signed  by  John  Sherman  in  November,  1876,  and  it 
agreed,  according  to  his  recollection  with  the  copy  Ander 
son  claimed  to  have  made.  E.  L.  Weber  testified  that  his 
brother,  D.  A.  Weber,  showed  him  a  letter  signed  by  John 
Sherman  which  agreed  with  the  copy  Anderson  had. 
Several  other  witnesses  testified  that  at  the  time  the  visiting 

*  The  following  is  the  text  of  the  alleged  letter  to  Weber  and  Ander 
son  : 

"NEW  ORLEANS,  November  20,  1876. 

"  Gentlemen  :  Your  note  of  even  date  has  just  been  received.  Neither 
Mr.  Hayes,  myself,  the  gentlemen  who  accompany  me,  nor  the  country  at 
large  can  ever  forget  the  obligation  under  which  you  will  have  placed  us 
should  you  stand  firm  in  the  position  you  have  taken.  From  a  long  and 
intimate  acquaintance  with  Gov.  Hayes,  I  am  justified  in  assuming  re 
sponsibility  for  promises  made,  and  will  guarantee  that  you  shall  be  pro 
vided  for  as  soon  after  the  4th  of  March  as  may  be  practicable,  and  in  such 
manner  as  will  enable  you  both  to  leave  Louisiana  should  you  deem  it 
necessary.  "  Very  truly  yours, 

"JOHN  SHERMAN. 
"  MESSRS.  D.  A.  WEBER  AND  JAMES  E.  ANDERSON." 


ANDERSON    FEARED.  147 

statesmen  were  in  New  Orleans  he  claimed  to  have  a  docu 
ment  in  his  pocket  which  would  "fix"  him  "all  right"  at 
the  proper  time.  Dr.  C.  B.  Darrall,  ex-member  of  Con 
gress  from  Louisiana,  testified  that  until  it  was  discovered 
that  Anderson  had  permitted  his  documents  to  be  seen  by 
Democratic  leaders,  he  had  considerable  influence  with  the 
administration,  and  that  if  he,  Darrall,  could  have  con 
trolled  Anderson,  he  could  have  secured  the  collectorship  of 
New  Orleans.* 

However,  waving  all  questions  about  the  authenticity 
of  the  alleged  letter  from  Sherman,  it  would  be  interesting 
to  know  from  Mr.  Sherman,  what  were  the  "things" 
in  this  letter  that  he  would  have  written  to  Anderson 
and  Weber  if  they  had  "  asked  "  them.  Unfortunately, 
Mr.  Sherman  did  not  volunteer  to  state  them,  and  the 
committee  failed  to  ask  him  to  do  so.f 

Weber  was  killed  in  March,  1877.  Mr.  Hayes  and 
Stanley  Mathews  recognized  that  "  the  country  at  large  " 
was  under  "  obligations  "  to  Anderson,  and  the  latter  ex 
erted  himself  to  secure  in  some  measure  the  discharge 
thereof,  and  the  President  did  appoint  him  consul  to 
Funchal  —  which  Anderson  refused  to  accept  as  an 
equivalent  for  services  rendered.  The  correspondence 

*  Q.  "  You  expected  to  get  into  office  on  the  fears  of  the  Administra 
tion,  or  of  some  of  its  members  or  attaches,  of  the  publication  of  these 
documents?"  A.  "  That  was  one  of  the  means." 

Q.  "Do  you  not  believe  that  you  failed  because  copies  of  these 
papers  had  got  out,  and  because  it  was  not  quite  certain  that  your  ap 
pointment  would  heal  the  sore  ?  In  your  own  mind,  and  between  God  and 
your  own  conscience,  was  that  not  the  case  ?"  A.  "  In  my  own  opinion, 
either  myself  or  some  other  party  —  Mr.  Packard  or  some  one  suggested  by 
Mr.  Anderson  —  would  have  been  appointed,  but  for  the  fact  that  it  was 
known  that  copies  of  those  documents  were  in  the  possession  of  other  par 
ties  and  that  they  were  virtually  public  property. ' ' — Darrall 's  Testimony. 

f  Two  months  later  Mr.  Sherman,  July  24,  1878,  at  Atlantic  City  re 
affirmed  his  testimony  given  in  Washington  and  was  still  more  positive 
about  the  writing  of  the  letter,  but  he  did  not  say  then  that  he  would  not 
have  written  some  of  the  "  things  "  in  it  if  he  "  ha'd  been  asked." 


I48  A    POLITICAL    CRIME. 

between  Anderson  and  Mathews*  on  the  subject  of  the 
former's  appointment  to  a  suitable  place  is  very  curious 
and  not  at  all  creditable  to  the  latter.  Anderson 
had  obtained  from  C.  E.  Nash,  a  colored  member  of 
Congress,  and  a  candidate  for  reelection  from  the  district 
including  the  parish  of  East  Feliciana,  an  agreement  to  the 
effect  that  Nash  was  to  secure  for  him  the  position  of  naval 
officer  at  New  Orleans  on  condition  that  Anderson  was  to 
"  suppress  evidence  showing  that  the  said  parish  of  East 
Feliciana  was  fairly  carried  by  the  Democratic  party  at 
the  election  held  Nov.  7,  1876,  thereby  electing  the  entire 
Democratic  state  ticket  and  congressmen."  Mr.  Mathews 
had  accepted  from  Anderson  the  custody  of  this  agree 
ment,  and  was  undoubtedly  quite  anxious  to  have  him 

*  Mr.  Mathews  was  placed  in  a  very  embarrassing  dilemma  by  the 
Potter  investigation.  The  correspondence  betwen  himself  and  Jas.  E. 
Anderson,  the  testimony  of  Anderson  and  that  of  Dr.  C.  B.  Darrall,  and 
Darrall's  letters,  left  him  in  a  very  bad  light.  Instead  of  coming  before 
the  Potter  Committee  and  making  some  explanation  he  refused  to  obey 
the  summons  of  the  committee,  falling  back  on  his  senatorial  privilege, 
and  asking  to  be  investigated  by  a  Senate  committee.  He  was  evidently 
afraid  of  being  cross-examined  by  Gen.  Butler  who  was  exceedingly  anx 
ious  to  bring  out  all  the  facts  in  relation  to  the  bargain  by  which  Packard 
was  abandoned  in  return  for  counting  in  Hayes.  Hon.  Henry  Waterson, 
a  nephew  of  Mr.  Mathews,  and  in  the  enjoyment  of  close  personal  rela 
tion's  made  this  explanation  of  his  conduct,  in  an  interview  published  m 
the  New  York  Sun,  June  21,  x8y8  :  "  The  head  and  front  of  Mathews  of 
fending  was  his  effort  to  save  his  party  friends  from  a  scandalous  exposure, 
knowledge  of  which  had  reached  him.  No  one  pretends  that  he  partici 
pated  in  the  Louisiana  frauds.  He  was  in  New  Orleans  but  a  few  days. 
His  subsequent  operations  against  Packard  were  open  and  above  board. 
I  happen  to  know  that  his  vote  to  seat  Kellogg  in  the  Senate  was  given  at 
the  urgency  of  the  President  himself,  and,  as  I  believe,  against  Mathews 
own  better  judgment  as  well  as  against  his  inclination.  He  thought  An 
derson,  in  the  first  place,  a  meritorious  poor  devil,  and  tried  to  help  him. 
After  he  had  committed  himself  he  discovered  his  mistake,  and  then  tried 
to  get  him  and  the  dangerous  knowledge  in  his  possession  out  of  the  country. 
Meanwhile  Anderson  was  trading  on  his  information,  and  when  he  had 
exhausted  the  patience  of  the  administration,  and  such  patronage  as  he 
could  obtain  by  a  double  process  of  blackmailing,  he  dropped  on 
Mathews." 

"You  think,  then,  that  Mathews  is  innocent?' 

"  I  am  sure  of  it.  With  him,  all  is  lost  save  honor,  and  his  only  way 
to  save  that  is  to  keep  his  mouth  shut,  refusing  alike  to  perjure  himself  or 
peach  upon  his  friends." 


DARING    CONSPIRATORS.  149 

given  some  good  place  in  order  to  keep  him  quiet  and 
prevent  the  exposure  of  damaging  facts  in  connection  with 
the  Louisiana  election.  Anderson  was  undoubtedly  a 
"  terror  "  to  the  fraudulent  administration  and  had  he  been 
a  more  reasonable  man.  and  less  impetuous,  he  would 
have,  in  due  time,  been  "  taken  care  of"  in  a  handsome 
way.* 

George  L.  Smith,  candidate  for  Congress  in  the  fourth 
district,  managed  the  preparation  of  affidavits  for  super 
visors  of  registration  of  some  of  the  parishes  in  nis  district. 
He  had  conferences  with  them  at  Shreveport,  La.  immedi 
ately  after  the  election  and  accompanied  them  to  New  Or 
leans.  It  required  some  little  time  after  arriving  in  New 
Orleans  to  ascertain  exactly  what  was  necessary  to  be  done 
in  the  parishes  of  De  Soto,  Webster,  and  Bossier,  to  accom 
plish  the  result  desired.  It  was  not  till  November  24,  that 
the  conspirators  met  in  the  private  office  of  the  postmaster 
of  New  Orleans  to  decide  upon  and  do  the  things  necessary 
to  be  done  to  get  rid  of  certain  Democratic  polls  in  those 
parishes. 

The  gathering  was  at  night,  t  Those  present  were 
Geo.  L.  Smith,  D.  D.  Smith,  cashier  of  the  Post-office, 
C.  L.  Ferguson,  supervisor  of  De  Soto,  T.  H.  Hut- 
ton,  supervisor  of  Bossier,  John  T.  Morrow,  supervisor  of 
Webster,  Fred.  E.  Heath,  candidate  for  House  of  Repre 
sentatives  from  Webster,  Sam'l  Gardner,  citizen  of  Web 
ster,  D.  J.  M.  A.  Jewett,  and  one  or  two  others  whose 
names  have  not  been  recalled.  D.  D.  Smith  unlocked  the 
Post-office  vault  and  took  therefrom  the  returns  of  De 
Soto,  Bossier,  Caddo,  and  Webster.  Those  from  Caddo, 

*  See  note  to  page  147. 

t  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  3d  Sess.  p.  1442.  Also  Jewett's 
statement  in  Appendix. 


150  A    POLITICAL    CRIME. 

Webster,  and  Bossier  had  been  brought  either  by  Geo.  L. 
Smith  or  the  supervisors  of  those  parishes  and  given  to  the 
postmaster  for  safe  keeping  until  such  time  as  they  had 
been  "  fixed  "  for  the  Returning  Board.  The  return  from 
De  Soto  had  come  by  registered  mail,  but  it  was  neverthe 
less  in  the  vault  of  the  Post-office  at  New  Orleans  subject 
to  the  control  of  Smith  and  Ferguson.  Jewett  testified 
that  the  De  Soto  returns  were  opened  and  examined  by 
Smith  and  himself  and  that  it  was  found*  "  not  possible  to 
create  a  Republican  majority  except  by  throwing  out  polls 
i,  3,  5,  7  and  8.  These  were  selected  for  protest  and  Fer 
guson  was  asked  for  facts.  I  draughted  a  process  based  on 
such  facts  as  he  had  knowledge  of  either  personally  or  from 
information  received  or  as  were  suggested  by  Geo.  L.  Smith, 
or  by  the  well-known  conditions  of  the  parish.  This,  Fer 
guson  copied  and  was  directed  to  take  the  same  before  F. 
A.  Woolfly  for  administration  of  the  oath.  It  was  sug 
gested  by  me,  that  of  course,  it  was  not  possible  to  attach 
this  protest  and  various  affidavits  in  hand  affecting  the 
same  parish  (taken  before  Commissioner  Levisee)  to  the 
consolidated  statement  of  votes,  this  having  come  for 
ward  by  mail  and  there  being  a  disagreement  of  dates,  but 
they  should  be  handed  or  sent  in.  Notwithstanding,  the 
unbounded  stupidity  of  somebody  rolled  them  up,  put  in 
the  original  package,  which  restored  apparently  to  its  orig 
inal  condition,  went  forward  by  carrier  to  the  board  Nov. 

25- 

"  The  returns  of  Bossier  were  handed  by  Capt.  Hutton, 
the  supervisor,  to  Geo.  L.  Smith  for  safe-keeping  upon  his 
(Hutton's)  arrival  in  the  city  and  were  by  Smith  placed  in 
the  vault  of  the  Post-office.  T.  H.  Hutton  had  on  Nov.  13 

(the  day  that  he  started  from  Bellevue  for  New  Orleans) 

i 

*   See  Jewett's  statement  in  Appendix. 


FORGERY   AND    PERJURY.  151 

sworn  to  his  consolidated  statement  of  votes  (popularly 
known  as  the  returns)  before  Geo.  B.  Abercrombie,  clerk 
of  court,  and  had  deposited  a  copy  as  required  by  law  at 
the  date  named,  and  when  the  returns  were  examined  by 
me  in  the  Post-office  this  document  bore,  in  the  space  for 
remarks,  a  protest  of  the  Atkin's  Landing  box  (No.  i)  and 
no  other.  In  my  presence  in  the  private  office  of  the 
Post-office  the  supervisor  interpolated  in  the  same  space 
under  the  protest  noted  above  and  above  the  jurat,  a 
second  protest  affecting  the  Red  Land  box  (No.  3). 
There  is  no  question  in  my  mind  but  that  the  protest  and 
exclusion  of  this  box  was  an  afterthought  which  first  took 
shape  at  this  time,  Nov.  24. 

"  John  W.  Morrow,  supervisor  of  registration,  (for 
Webster  parish)  forwarded  his  returns  by  mail  to  New  Or 
leans  as  1  now  believe.  If  I  am  mistaken  herein  he  had 
deposited  them  with  Geo.  L.  Smith  for  safe-keeping.  On 
the  night  of  Nov.  24,  I  saw  them  taken  out  of  the  Post- 
office  vault.  At  this  time  they  were  unrolled  and  exam 
ined.  Those  present  took  the  view  that  it  would  be  highly 
convenient  to  get  rid  of  about  250  votes  in  this  parish. 
An  affidavit  made  in  Meriden,  La.,  Nov.  20,  by  W.  L. 
Franks  was  at  hand  affecting  poll  No.  i.  Sam'l  Gardner, 
then  present,  made  another  affecting  poll  5,  (Meriden).  I 
draughted  a  protest  for  Morrow  on  this  occasion  based  on 
facts  stated  in  the  affidavits  and  by  Fred.  E.  Heath  and 
John  W.  Morrow.  This  protest  Morrow  copied,  or  it  was 
copied  for  him  by  F.  E.  Heath,  and  he  signed  in  the 
clerk's  office  U.  S.  Court  the  following  day.  This  protest 
and  these  two  affidavits  were  forwarded  to  the  board  with 
his  returns." 

F.  A.  Clover,  *  supervisor  of  East  Baton  Rouge,  arrived 

*  For  the  facts  about  Clover  and  his  conduct  as  supervisor  oi  regis- 


152  A    POLITICAL    CRIME. 

in  New  Orleans  on  the  i2th  of  November.  He  had  previ 
ously  made  out  his  consolidated  statement  of  returns  from 
commissioners  of  election,  excluding  therefrom  the  votes  of 
polls  i,  5,  6,  7,  8,  9,  and  13  (i,  3,  4,  5,  6,  7,  n,  Sherman 
report)  and  swore  to  the  same  before  the  clerk  of  the  dis-' 
trict  court  at  Baton  Rouge  on  Nov.  n.  He  had  received 
no  statements  from  the  commissioners  of  election  for  polls 
i,  5,  6,  7,  8,  9,  and  13  impeaching  in  any  way  the  charac 
ter  of  the  elections  held  thereat.  He  assumed,  contrary  to 
law,  the  power  to  exclude  the  votes  cast  at  these  polls,  on 
the  ground  that  the  returns  made  to  him  by  the  commis 
sioners  were  irregular.  These  votes  were  for  the  Hayes 
electors  150  and  for  the  Tilden  electors  1,136.  The  ma 
jority  for  the  Tilden  electors  in  the  parish,  including  those 
rejected  by  Clover,  was  612 ;  by  omitting  the  votes  cast  at 
the  polls,  the  returns  whereof  he  rejected,  the  majority  for 
the  Hayes  electors  was  made  to  be  374. 

Clover  doubtless  thought  he  had  done  his  work  thor 
oughly  and  that  there  was  no  necessity  for  making  any  state 
ment  in  regard  to  the  registration  of  the  parish,  or  of  ob 
taining  statements  from  the  commissioners  of  election  about 
intimidation,  acts  of  violence  or  disturbances  affecting  the 
vote  at  any  of  the  polls.  But  when  he  reached  New 
Orleans  on  the  i2th  it  was  deemed  advisable  to  fortify  his 
proceedings  with  some  affidavits  and  to  supply  his  omission 
to  make  a  statement  about  the  rejected  polls  on  his  con 
solidated  statement  of  votes.  To  do  this  required  time 
and,  therefore,  he  retained  possession  of  the  returns  until 
November  23d.  In  the  meantime  he  interpolated  on  his 
consolidated  statement  above  the  jurat  made  at  Baton 


tration  for  East  Baton  Rouge,  see  H.  R.  Mis.  Doc.  No.  34,  part  i,  44th 
Cong,  ad  Ses.  pp.^65,  67,  68.  Also  testimony  of  Jewett  H.  R.  Mis.  Doc. 
No.  31,  45th  Cong.  3d  Sess.  p.  1446  and  Jewett's  statement  in  Appendix. 


FALSIFYING   RETURNS.  153 

Rouge,  Nov.  nth,  the  reasons  for  refusing  to  compile  the 
returns  from  the  seven  polling  places.  This  was  a  falsifica 
tion  of  a  public  record. 

All  the  affidavits  deemed  necessary  to  enable  the  Re 
turning  Board  to  reject  the  votes  cast  at  the  seven  polls 
on  the  ground  of  intimidation,  which  was  not  the  reason 
assigned  by  the  supervisor  for  his  action,  were  not  ob 
tained  until  the  22nd.  Clover  handed  in  his  returns  with 
affidavits  Nov.  23d  and  when  they  were  opened  on  the 
24th  the  original  consolidated  statement  was  not  exhibited 
but  in  its  place  one  certified  to  be  a  correct  copy  by 
Charles  S.  Abell,  secretary  of  the  Returning  Board.*  This 
fact  and  the  incident,  related  hereafter,  connected  with  the 
opening  of  the  package  from  De  Soto  parish  settles  beyond 
controversy  the  fact  that  the  Returning  Board  and  their 
subordinates  were  privy  to  the  tampering  with  the  returns. 


*  See  Sherman  Report,  Senate  Ex.  Doc.  No.  2,  44th  Cong.  26.  Sess. 
p.  258. 


154  A    POLITICAL    CRIME. 


CHAPTER  IX. 


The  Returning  Board  not  in  a  hurry  to  begin  canvassing:  Why  the 
vacancy  in  the  Board  was  not  filled :  The  characters  of  Wells,  An 
derson,  and  the  two  mulatoes :  Time  consumed  to  allow  the  affi 
davit  mill  to  begin  grinding :  The  farce  of  inviting  northern  dem 
ocrats  to  witness  the  opening  of  returns :  The  tampering  with 
returns  :  Stoughton's  clerical  error :  Returns  held  back  to  be  falsi 
fied  :  The  Eliza  Pinkston  case  examined:  A  set  up  job :  Her  story 
gotten  up  for  the  occasion  :  It  was  rehearsed  in  the  Custom  House: 
The  character  of  Pinkston :  She  offered  to  retract  and  expose  those 
who  had  used  her:  She  was  unworthy  of  belief:  Three  efforts  to 
count  out  the  Tilden  electors  before  the  work  was  done:  How 
Kellogg  improved  affidavits :  Testimony  of  Kelly,  Supervisor  of 
Richland  Parish :  The  counting  out  finally  accomplished : 

THE  law  required  the  returning  officers  to  meet  in  New 
Orleans  "  within  ten  days  after  the  closing  of  the  election 
to  canvass  and  compile  the  statements  of  the  votes  made 
by  the  commissioners  of  election,"  and  to  continue  in  ses 
sion  until  "such  returns  have  been  compiled."  The  returning 
officers  required  by  law  were  "  five  persons,  to  be  elected 
by  the  Senate  from  all  political  parties."  The  Senate  in 
pretended  compliance  with  this  provision  of  the  law  had 
originally  elected  four  republicans  and  one  democrat. 

The  one  democrat  having  resigned,  the  important  question 
to  be  settled  was  whether  the  remaining  four  members  were 
compelled  to  fill  the  vacancy  thus  created.  The  law  said 
"  in  case  of  any  vacancy,  by  death,  resignation,  or  other 
wise,  by  either  of  the  board,  then  the  vacancy  shall  be  filled 


AN    HISTORIC    CHARACTER.  155 

by  the  residue  of  the  returning  officers."  If  the  vacancy 
was  filled  by  a  democrat  his  presence  in  executive  sessions 
of  the  board  would  be  dangerous.  Therefore,  it  was  deter 
mined  not  to  fill  the  vacancy.  Wells  gave  the  reason 
therefor  as  follows  :  "  We  had  a  republican  on  the  board 
and  he  resigned,  and  then  a  Democratic  legislature  filled 
the  vacancy  with  a  democrat,  and  that  democrat  resigned. 
Speaking  individually,  I  don't  think  you  have  any  claim, 
therefore,  to  representation ;  that  you  forfeited  it  by  resig 
nation."*  The  fact  that  a  democrat  had  resigned  relieved 
the  remaining  Republican  members  from  the  mandatory 
requirements  of  the  law,  was  a  novel  idea. 

The  four  republicans  who  constituted  the  board  were 
J.  Madison  Wells,  Thomas  C.  Anderson,  Louis  M.  Kenner, 
and  G.  Cassannave,  colored.  Wells  t  was  an  historic  char 
acter.  In  his  early  life  he  was  a  ruffian  and  bully.  Few 
more  desperate  men  ever  lived  and  none  more  treacherous. 
His  conduct  while  governor  of  the  state  under  the  consti 
tution  of  1864  was  infamous  politically  and  thoroughly  dis 
honest  officially.  His  misdeeds  were  so  flagrant  that  Gen. 
Phil.  Sheridan  was  compelled  in  1867  to  remove  him  under 
the  power  vested  in  him  as  commander  of  the  district  by 
the  reconstruction  acts.  He  was,  and  is  yet,  notoriously  a 
defaulter  to  the  state  in  a  large  amount.  Tom.  Anderson's  f 
"character  for  honesty  was  equally  bad;  he  had  earned 

*  Sherman's  Report,  p.  75-76. 

t  For  character  of  Wells  see  H.   R.  Mis.  Doc.  No.  34,  Part  2  44th 
Cong  2d  Sess.  pp.  506,  508,  509.    Also  testimony  of  Jack  Wharton,  H.  R. 
[is.  D( 


S?6  to  387-     Also  testimony  of  Wm.  Ward,  colored,  H.  R.  Mis.  Doc. 
No.  34,  Part  2,  44th  Cong.  2d  Sess.  pp.  4 

353-  360'  363-  5°7'  8°3>  8l0'  982'  987>  997' 

Mis.  Doc.  No.  42,  44th  Cong.  2d  Sess.  pp.  40  to  49,  191  to  245 


'  Ioo8>  IOI5- 
to  49,  191  t 

H.  R.  Mis.  Doc.,  No.  34,  part  2,  44th  Cong.,  2d  Sess.,  pp.  589  to 


594- 


156  A    POLITICAL    CRIME. 

it  in  part  by  aiding,  while  he  was  a  senator,  to  put  up  a 
fraudulent  job  on  the  State,  and  taking  the  iniquitous  pro 
ceeds  to  himself.  Of  the  two  mulatoes,  one  was  indicted 
for  larceny,  and,  after  admitting  his  guilt,  was  allowed  to 
escape  punishment,  and  promptly  taken  into  the  board. 
The  other  was  too  ignorant  to  know  his  duty,  but  his  testi 
mony  showed  such  indifference  to  the  obligations  of  an 
oath  that  he  was  deemed  as  safe  for  the  carpet  baggers  as 
either  of  his  colleagues." 

These  four  worthies,  who  were  eulogized  as  possessors 
of  every  virtue  *  by  John  Sherman  and  his  colleagues  in 
their  report  to  the  President,  should  have  begun  their  labors 
on  November  lyth,  but  beyond  a  secret  conference  to  agree 
upon  the  plans  best  calculated  to  enable  them  to  accom 
plish  their  purpose  of  counting  out  the  Democratic  candi 
dates,  nothing  was  done  on  that  day.  Time  was  needed 
for  their  confederates  to  get  up  affidavits  and  manipulate 
returns.  The  next  day,  being  Saturday,  they  met  again 
and  adopted  a  resolution  reciting  that  t  "  distinguished 
gentlemen  of  national  reputation  from  other  states,  some  at 
the  request  of  the  President  of  the  United  States,  and 
some  at  the  request  of  the  National  executive  committee 
of  the  Democratic  party,  are  present  in  this  city  with  a 
view  to  witness  the  proceedings  of  this  board  in  canvassing 
and  compiling  the  returns  of  the  recent  election  in  this 
state  for  Presidential  electors,"  and  inviting  five  from  each 
of  the  two  bodies  named  to  be  present  at  the  meetings  of 
the  board. 

Sunday  intervened,  and  the  first  meeting  of  the  Re 
turning  Board  for  open  business  was  Monday,  Novem 
ber  2oth.  "  There  were  present  from  "  the  distinguished 

*  Senate  Ex.  Doc.,  No.  2,  44111  Cong.,  26.  Sess.,  p.  6. 
t  Ibid,  p.  35. 


RULES    FOR    A    PURPOSE.  157 

gentlemen  of  national  reputation,*  John  Sherman,  E.  W. 
Stoughton,  James  A.  Garfield,  Courtlandt  Parker,  J.  M. 
Tuttle,  John  M.  Palmer,  Lyman  Trumbull,  William  Big- 
ler,  Geo.  W.  Smith,  and  Peter  H.  Watson.  The  rules 
which  were  to  govern  the  board  were  announced.  They 
provided  among  other  things,  that  the  board  would  first 
take  up,  canvass  and  compile  returns  from  the  parishes 
where  no  objection  is  made  to  the  canvassing  and  compiling 
of  the  votes  cast  at  any  polling  place  in  such  parish  or 
parishes."  This  was  a  violation  of  the  law  which  required 
the  returning  officers  to  proceed  by  polls  and  not  by  parishes 
in  canvassing  returns.  It  was  also  provided  that  "the  dis 
tinguished  gentlemen  of  National  reputation  "  to  the  num 
ber  of  ten  might  be  present  and  see  the  returns  opened  but 
not  to  see  them  canvassed  and  compiled.  Attorneys  repre 
senting  candidates,  or  candidates  themselves,  could  only  be 
present  when  the  board  desired  to  hear  evidence,  and  then 
could  only  submit  motions  in  writing,  and  all  interrogatories 
to  witnesses  must  be  in  writing  and  submitted  to  opponents 
twenty-four  hours  for  cross  interrogatories. 

These  rules  were  for  a  purpose  other  than  that  which  ap 
peared  on  their  face.  The  returning  officers  had  no  objec 
tion  to  five  democrats,  from  a  distance,  entirely  unfamiliar 
with  the  election  law  and  the  minutia  of  election  proceed 
ings  in  Louisiana,  being  present  to  witness  the  opening  of 
returns.  But  they  shut  out  the  local  lawyers  and  politicians 
on  the  Democratic  side  because  their  presence  might  be  in 
convenient.  However,  it  happened  that  on  November  25, 
the  returns  from  De  Soto  parish  were  brought  in  before  the 
visitors  when  Mr.  Burke  and  Mr.  McGloin,  two  of  the 
Democratic  counsel,  happened  to  be  present  looking  after 
some  papers  in  the  cases  of  parishes  laid  aside  for  contests. 
*  Senate  Ex.  Doc.,  No.  2,  44th  Cong.,  Z&  Sess.,  p.  39. 


A    POLITICAL    CRIME. 


The  announcement  was  made  with  some  emphasis  that  the 
returns  from  De  Soto  had  come  by  mail.  It  had  been  re 
marked  by  the  Democratic  visitors  that  very  few  had  been 
forwarded  by  mail,  and  it  was  a  subject  of  complaint  that 
so  many  returns  from  the  parishes  had  not  been  received. 

Anderson,  who  opened  the  returns  and  did  the  reading, 
was,  therefore,  quite  emphatic  in  stating  that  this  particular 
package  was  by  mail.  He  opened  it  and  read  "  consolidated 
statement  of  votes  of  the  parish  of  De  Soto"  _  pause  _ 
and  then  —  "with  any  quantity  of  affidavits  attached." 
Mr.  Burke  wanted  to  know  when  the  package  was  mailed, 
and  Anderson  replied  that  it  was  mailed  at  Mansfield,  Lou 
isiana,  and  was  received  on  the  i8th.  "  What  is  the  date 
of  the  first  affidavit  ?"  asked  Burke.  Anderson  with  some 
hesitation  replied,  November  25.  "How  does  it  happen 
that  affidavits  made  on  the  25th  were  in  a  package  mailed 
on  the  1  8th  ?"  demanded  Mr.  McGloin. 

There  was  confusion.  The  chief  clerks,  Abell  and 
Green,  hastened  to  make  explanations.  But  McGloin  and 
Burke  were  pressing  hard  and  Abell  had  to  do  some  "lying 
from  the  shoulder."  He  declared  that  there  were  two 
packages  —  one  received  on  November  18,  and  another 
that  morning  :  that  the  first  contained  the  supervisors  con 
solidated  statement  and  the  other  affidavits.  E.  W.  Stough- 
ton  attempted  to  help  out  of  the  scrape  by  asking—  "what 
return  is  this  that  was  received  to-day?"  Mr.  Abell—  "the 
return  before  the  board  now.  I  also  received  a  small  pack 
age  on  the  1  8th  which  I  presumed  was  a  consolidated 
statement."  Mr.  Stoughton  —  "  was  the  evidence  you  re 
ceived  in  the  package  to-day?"  Mr.  Abell  —  "yes,  sir." 
Mr.  Stoughton  —  «O!  that  settles  it  —  merely  a  clerical 
error!"  It  "settled"  conclusively  the  fact  that  the  returns 
which  came  by  registered  mail  had  been  tampered  with. 


RETURNS    WITHHELD.  159 

The  package  Anderson  had  opened,  after  announcing  that 
it  came  by  mail,  and  was  receipted  for  on  the  i8th,  was 
the  one  from  which  he  took  the  consolidated  statement 
"  with  any  quantity  of  affidavits  attached."  The  transac 
tions  in  the  private  office  of  the  postmaster  the  night 
previous  was  the  "  clerical  error  "  Mr.  Stoughton  made  so 
light  of.* 

From  beginning  to  end  the  proceedings  of  the  board  in 
opening  the  returns  before  the  visitors  were  farcical. 
There  was  great  pretence  of  fairness  and  frankness  in 
asking  Democratic  visitors  to  examine  returns  from  par 
ishes  where  there  was  no  probability  of  subsequent  "  doc 
toring  "  by  the  board,  but  the  utmost  care  was  taken  to 
conceal  the  fact  that  returns  from  parishes  near  New 
Orleans  were  not  in  their  possession. 

For  instance,  Clover  had  sworn  to  his  consolidated 
statement  of  the  votes  of  the  parish  of  East  Baton  Rouge 
on  November  n.  He  had  wantonly  rejected  returns  from 
seven  polls.  The  Democratic  counsel  were  anxious  to  have 
the  East  Baton  Rouge  returns  opened  early  in  order  that 
they  might  insist  upon  an  order  for  the  production  of  the 
commissioners'  returns  and  the  ballot-boxes  deposited  with 
the  clerk  of  the  court  at  Baton  Rouge.  They  insisted  on 
the  third  day  of  the  board's  meeting  they  should  have 
notice  at  least  of  the  parishes  in  which  there  were  contests. 
The  next  day  they  asked  that  a  day  might  be  set  for  con 
sidering  East  Baton  Rouge  and  that  they  might  be  informed 
of  the  nature  of  the  evidence  the  supervisor  had  filed. 

The  reply  was  that  the  returns  had  not  been  examined. 

The  fact  was  that  they  did  not  have  them.     The  day  after 

they  were  received,  November  24,  they  were  opened  and 

upon  the  request  of  the  Democratic  counsel  the  promise  was 

*  Senate  Ex.  Doc.,  No.  2.,  44th  Cong.,  ad  Sess.,  pp.  88.  89. 


160  A    POLITICAL    CRIME. 

made  that  the  returns  of  the  commissioners  and  the  ballot- 
boxes  of  the  rejected  polls  should  be  sent  for.  Day  after 
day  till  the  2d  of  December  the  board  was  reminded  of  this 
promise  but  failed  to  keep  it.*  The  commissioners'  returns 
and  the  ballot-boxes  were  not  sent  for.  The  board  alone 
had  power  to  compel  their  production. 

t  The  attention  of  the  board  was  time  and  time  again 
called  to  the  well-known  fact  that  supervisors  were  in  the 
city  whose  returns  had  not  been  delivered  to  the  returning 
officers.  Summary  process  on  these  persons  was  demanded 
and  the  production  of  their  returns  compelled,  but  it  was 
mere  waste  of  time  and  words.  The  board  knew  very  well 
the  purpose  for  which  these  returns  were  withheld  and 
would  not  interfere  to  mar  the  plans  of  their  fellow-con 
spirators.  Notwithstanding  the  great  urgency  for  dispatch 
of  business  which  Wells  continually  insisted  on,  there  were 
all  sorts  of  delays. 

But  the  chef  d'&uvre  of  all  that  transpired  at  these  open 
sessions  of  the  board,  before  the  visitors,  was  the  produc 
tion  and  examination  of  Eliza  Pinkston.  For  dramatic  ef 
fect  this  was  a  well-conceived  and  well-arranged  episode, 
but  it  was  dishonest  from  beginning  to  end.  Eliza  Pinks- 
ton  was  a  low,  disreputable  negress  —  a  common  wretch, 
notorious  in  three  states  for  her  un chastity,  and  disolute- 
ness,  and  lying.  In  1878  she  proifered  through  a  gentle 
man,  on  whose  plantation  in  Mississippi  she  was  then 
living  with  a  negro,  to  come  before  the  Potter  committee 
and  retract  what  she  had  testified  to  before  the  Returning 
Board  in  1876,  and  to  make  known  by  whom  she  was 
"  coached  "  to  tell  what  she  did.  Of  course,  this  proposi 
tion  was  declined. 

*  Senate  Ex.  Doc.,  No.  2,  44th  Cong.,  sd  Sess.,  pp.  58,  74,  91,  133. 
t  Ibid,  p.  69,  76,  124. 


ELIZA    PINKSTON.  l6l 

On  the  eighth  day  of  the  board's  sessions,*  Nov.  28, 
Eliza  was  borne  into  the  presence  of  the  board  and  "  the 
distinguished  gentlemen  of  national  reputation "  by  two 
stalwart  men,  and  attended  by  a  negro  woman  who  osten 
tatiously  carried  restoratives.  She  was  placed  on  a  lounge 
and,  after  apparently  recovering  from  the  effects  of  her 
transportation  from  the  custom  house,  she  was  sworn  and 
examined  as  to  her  evidence  and  exhibited  in  puris  natur- 
alis  as  to  her  wounds.  It  was  a  shocking  sight.  The 
woman  had  been  brutally  dealt  with,  having  wounds  on 
the  head,  frightful  cuts  on  the  breasts,  and  a  gaping  gash 
in  one  of  her  thighs.  These  wounds  were  partially  healed 
but  were  unquestionably  painful.  It  is,  however,  an  in- 
contestible  fact  that  the  extreme  weakness  exhibited  before 
the  board  was  assumed,  because  when  brought  back  to  the 
custom  house  she  walked  up  one  flight  of  stairs,  exhibiting 
her  person,  and  shouting  and  laughing  at  the  top  of  her  voice* 

The  story  she  told  was  most  improbable.  It  had  been 
unskilfully  constructed.  She  doubtless  embellished  greatly 
the  one  she  had  been  coached  to  tell.  In  brief  she  swore 
that  her  husband  had  been  taken  from  his  house  in  the  night, 
shot  seven  times,  run  through  and  through  with  knives, 
his  body  mutilated ;  that  after  this  the  murderers  cut  her 
child's  throat  as  she  held  it  in  her  arms,  and  then,  after 
shooting  her  twice,  had  violated  her  person  more  times 
than  she  could  remember ;  that  they  cut  her  twice  with  an 
axe,  and  slashed  her  with  knives.  And  this  was  done  as  she 
averred  by  young  white  men  of  the  neighborhood  many  of 
whom  she  knew  well  and  identified.  They  were  not,  she 
swore,  even  disguised.  One  of  them  who  was  the  most 
cruel,  and  bloodthirsty,  and  lustful,  she  claimed  was  a  well- 

*  Senate  Ex.  Doc.  44th  Cong.  2d  Sess.  p.  113. 

t  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  3d  Sess.  pp.  1079,  1080,  1801. 
II 


162  A    POLITICAL    CRIME. 

known  and  highly  respectable  physician  of  the  neighbor 
hood  in  which  she  lived. 

Is  it  probable  that  white  men  who  could  be  so  brutally 
fiendish,  so  utterly  depraved,  would  have  suffered  the 
woman  to  live  to  tell  the  awful  story  of  her  wrongs  ?  And, 
yet,  she  admitted  that  the  next  day  the  doctor,  who  she 
asserted  had  been  the  chief  monster,  came,  when  sent  for  by 
the  owner  of  the  plantation  on  which  her  husband  lived, 
and  dressed  her  wounds  and  ministered  to  her  wants.  Is 
it  probable  that,  if  he  had  been  one  of  her  assailants,  the 
murderer  of  her  husband  and  the  slayer  of  her  child,  he 
would  have  come  to  her  bedside  and  sought  to  save  her 
life  ?  Preposterous  !  The  exaggerations  of  the  story  ought 
to  have  convinced  the  hearers  it  was  a  "  set-up  job." 

And  yet  the  sight  of  the  wounds,  the  pretended  fainting, 
so  shocked  Governor  Palmer  of  Illinois  that  he  expressed 
his  horror  in  emphatic  language  which  was  telegraphed  over 
the  land  as  an  unqualified  condemnation  of  the  alleged 
perpetrators  of  the  outrage  and  an  endorsement  of  the 
credibility  of  the  woman's  story.  It  was  an  unwarranted 
liberty  taken  with  the  governor's  language.  He  had  de 
manded  that  the  case  should  be  thoroughly  investigated, 
and  warned  the  board  that  half-way  work  in  the  inquiry 
would  not  satisfy  the  country.  The  board  would  suffer  but 
two  witnesses  to  be  examined  in  rebuttal.  A  score  of 
reputable  gentlemen  were  present  who  would  have  contra 
dicted  the  essential  portions  of  the  story,  but  they  were  not 
allowed  to  testify. 

It  was  not  the  truth  these  people  were  after  —  it 
was  immediate  effect,  and  they  secured  it.  Pinkston  lived 
in  Ouachita  parish.  It  gave  a  large  Democratic  majority. 
The  board  wanted  a  pretext  for  throwing  out  that  parish 
and  a  startling,  dramatic  piece  of  evidence  which  would 


TWO    DIFFERENT   TALES.  163 

be  telegraphed  everywhere  and  go  far  towards  justifying  in 
the  public  mind  all  their  contemplated  villainy. 

A  Democratic  committee  of  the  House  of  Represent 
atives  subsequently  visited  the  locality  and  carefully  and 
thoroughly  investigated  Eliza  Pinkston's  story.  It  was  es 
tablished  beyond  controversy  that  her  statement  that 
Henry  Pinkston  was  mutilated  after  beiug  shot  to  death 
was  untrue.  It  was  proved  that  the  throat  of  the  child  had 
not  been  cut  and  that  there  was  no  mark  of  violence 
on  its  body  save  a  slight  contusion  on  the  head.  It  was 
proved  that  the  men  who  she  swore  were  the  leaders  and 
chief  criminals  could  not  possibly  have  been  in  that  neigh 
borhood  on  the  night  in  question.  It  was  proved  that  she 
had  made  an  affidavit  for  use  with  the  Returning  Board 
in  Monroe,  La.,  before  J.  H.  Dinkgrave,  in  which  she 
charged  the  crime  of  murder  and  outrage  on  other  per 
sons  :  that  this  affidavit  was  sent  to  the  Returning  Board 
on  Nov.  23d  by  M.  J.  Grady,  supervisor  of  Ouachita  par 
ish  :  that  it  was  suppressed  —  withdrawn  and  another 
made  in  New  Orleans  on  Dec.  2,  substituted  for  it.  Not 
only  this,  but  the  board  falsified  its  own  record  of  the  re 
ceipt  of  the  returns  of  the  parish  of  Ouachita.  The  secre 
tary  announced  that  they  had  been  received  Nov.  24,  and 
yet  when  they  were  opened  a  letter  from  the  supervisor 
was  found  addressed  to  Mr.  Abell  saying  — "  Inclosed 
please  find  affidavit  of  Eliza  Pinkston  which  I  received  too 
late  to  file  with  my  returns.  Please  see  that  it  is  brought  in 
with  the  other  evidence  filed  with  my  returns."  This  letter 
was  dated  Nov.  23. 

The  plan  of  bringing  Eliza  Pinkston  to  New  Orleans 
was  an  afterthought.  Her  exhibition  before  the  board  was 
determined  on  after  consultation  with  some  other  persons 
than  those  originally  cognizant  of  her  affidavit.  The 


1 64  A    POLITICAL    CRIME. 

Republican  visiting  statesmen  saw  her  at  the  custom 
house  and  heard  her  story  rehearsed.  Their  surprise  and 
amazement,  their  expressions  of  horror,  their  shuddering,  at 
the  sight  of  the  woman's  wounds,  at  hearing  her  story 
before  the  Returning  Board  were  not  spontaneous.  They 
had  seen  the  sight  and  heard  the  narrative,  doubtless  with 
variations,  before.  Did  they  believe  the  story  ?  It  seems 
incredible. 

But  how  heartless  and  cowardly  of  them  to  content 
themselves  with  converting  the  story  to  political  uses  and 
taking  no  steps  to  have  the  woman's  wrongs  righted  by 
having  the  fiends  in  human  shape  brought  to  justice ! 
They  were  all  powerful  at  Washington.  They,  a  few 
months  later,  became  councillors  of  state.  If  Eliza  Pink- 
ston's  story  was  true,  and  they  professed  to  believe  it,  a 
series  of  offences  had  been  committed  against  the  laws  of 
the  United  States.  The  woman  averred  that  the  crimes  were 
for  political  purposes  —  to  intimidate  negro  voters  —  the 
result  of  a  conspiracy  to  deprive  them  of  their  rights.  This 
was  what  John  Sherman  and  his  colleagues  declared  the 
murder  of  Henry  Pinkston  and  scores  of  other  killings 
were  —  crimes  against  humanity,  against  liberty,  against 
the  laws  of  the  United  States  in  such  cases  made  and  pro 
vided.  Then  why  in  God's  name  did  they  not  try  to  have 
the  criminals  brought  to  punishment  ? 

Can  it  be  that  they  suspected  that  Eliza  Pinkston's  char 
acter,  her  reputation  for  truth  and  veracity,  would  not  stand 
the  test  of  judicial  investigation  ?  A  Democratic  commit 
tee  reported  a  frightful  array  of  facts  which  bore  heavily 
against  the  woman's  character,  *  but  that  surely  did  not 

*  "The  character  of  Eliza  Pinkston,  as  developed  before  your  sub 
committee  to  the  fullest  extent,  was  such  as  to  render  her  a  fit  instrument 
in  the  hands  of  designing  men.  She  had  been  charged  with  the  murder 
of  the  child  of  persons  with  whom  she  had  but  recently  quarrelled.  The 


A   TROUBLESOME   JOB.  165 

give  Sherman,  Garfield,  Stoughton,  and  Mathews  pause. 
It  was  the  verdict  of  a  partisan  committee  based  upon  the 
testimony  of  white  men  living  in  Ouachita  parish,  Louisi 
ana, —  bulldozers  —  whose  recreation  they  insisted  was 
whipping  negroes,  murdering  fathers,  cutting  children's 
throats,  and  ravishing  the  bereaved  mothers.  Perish  the 
thought  that  such  a  report  as  this  could  have  changed  the 
belief  of  the  "  visiting  statesmen "  in  Eliza  Pinkston's 
morality,  veracity,  and  chastity ! 

The  Returning  Board  stretched  the  opening  of  returns 
over  ten  days,  and  two  more  were  given  to  so-called  hear 
ings  and  arguments.  On  December  3,  they  began  in 
secret  sessions  to  figure  out  a  majority  which  would  bring 
in  the  Republican  presidential  electors,  State  ticket,  Con 
gressmen,  a  majority  of  both  houses  of  the  legislature  and 
local  officers  in  particular  parishes.  It  was  a  difficult  un- 


child  died  of  poison.  Eliza  Pinkston,  then  known  as  Lizzie  Finch  in 
Morehouse  parish,  was  arrested,  and  acquitted  only  because  the  main  wit 
ness  to  the  crime  was  too  young  to  understand  the  nature  of  an  oath.  The 
general  impression  was  that  she  was  guilty.  When  residing  in  Union 
parish,  she  had  shamefully  beaten  an  old  woman  living  with  her,  death  en 
suing  in  a  few  days  after.  She  had  abandoned  one  of  her  young  children, 
leaving  it  to  starve  to  death  in  a  fence  corner.  Another  she  made  way 
with  shortly  after  its  birth.  She  was  an  habitual  abortionist.  She  was  in 
perpetual  quarrel.  Her  testimony  had  been  so  effectually  impeached  in  the 
courts  of  Morehouse  parish  that  the  Republican  district  attorney  refused 
to  call  her  as  a  witness.  Everybody  who  knew  her  considered  her  a  des 
perate  character.  Eye-witnesses  proved  that  she  lived  with  her  husband 
on  very  bad  terms.  She  was  about  to  kill  him  at  one  time  when  she 
supposed  him  asleep.  Upon  another  occasion  she  assaulted  him  with  an 
axe  intending  to  kill  him.  He  was  in  perpetual  dread  of  harm  as  witnesses 
testified.  She  was  ugly,  vulgar,  indecent,  and  lewd  beyond  the  worst.  In 
the  midst  of  twenty  men  in  the  cotton-field  she  would  pull  up  her  clothes 
beyond  her  waist  and  turn  herself  around  completely.  And  she  would  lie 
down  in  the  field,  or  in  the  fence  corner,  or  the  open  road,  with  any  man 
who  had  a  quarter  to  spare  for  the  hideous  entertainment.  So  quarrel 
some,  so  dangerous,  and  so  disgusting  was  this  creature,  that  upon  two 
several  occasions  she  was  driven  off  by  express  demand  of  the  colored 
men  and  women  with  whom  she  was  engaged,  they  stating  that  if  she  re 
mained  they  would  leave  in  a  body.  And  this  wretched  creature,  this  mis 
erable  prostitute,  has  become  a  saint  in  the  political  calendar  of  the  Repub 
lican  party  of  Louisiana." 

Report  156  Part  I  House  of  Rep.  qtfh  Cong,  id  Sess,  Pages  45-6. 


1 66  A    POLITICAL    CRIME. 

dertaking.  There  had  been  a  miscalculation  in  the  begin 
ning.  * 

The  first  hypothesis  was  that  they  could  get  rid  of 
enough  Democratic  votes  in  what  they  termed  the  five 
bulldozed  parishes,  namely,  East  and  West  Feliciana,  East 
Baton  Rouge,  Ouachita,  and  Morehouse.  But  it  was  soon 
discovered  that  several  other  parishes  would  have  to  be 
"  purged  "  of  a  considerable  number  of  Democratic  votes. 

Five  of  the  Republican  electors,  it  was  found,  t  ran  far 

*  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  3d  Sess.  Testimony  of  D.  J. 
M.  A.  Jewett: 

Q.  "  Had  it  been  ascertained  by  you  gentlemen  that  it  was  necessary 
to  examine  these  returns  from  the  different  parishes  and  prepare  protests 
to  them,  in  order  to  save  the  Republican  ticket  in  the  State  ?"  A.  "  We 
had  about  this  understanding  :  that  discounting  the  bulldozed  parishes  and 
some  polls  in  other  parishes  in  regard  to  which  there  was  reasonable 
ground  of  complaint,  Mr.  Packard  would  probably  come  through  by  a  very 
small  majority  ;  but  that  two,  or  perhaps  three  of  the  electors  might  be  left 
owing  to  blunders  made  in  Iberville  and  West  Baton  Rouge." 

See  Jewett's  statement  in  Appendix  —  "  That  thereafter  in  pursuance 
of  a  conspiracy  between  J.  M.  Wells,  Thos.  C.  Anderson,  John  Sherman, 
and  Jas.  A.  Garfield,  and  others,  polls  were  excluded  in  the  parishes  of 
Caldwell,  Natchitoches,  Richland,  Catahoula,  Iberia,  Livingston,  and 
Tangipahoa,  with  the  result  and  for  the  purpose  of  returning  as  elected  5 
Hayes  electors  who  were  otherwise  defeated.  That  the  consideration  of 
this  conspiracy  was  the  absolute  control  of  the  Federal  patronage  within 
the  State  of  Louisiana  by  the  said  Wells  and  Anderson  ;  that  the  evidence 
used  to  effect  the  object  of  the  conspiracy  was  manufactured  without  regard 
to  actual  facts  and  with  the  knowledge  of  the  several  conspirators,  and  that 
the  consideration  to  be  given  io  said  Wells  and  Anderson  has  been  de 
livered  up  to  date." 

t  The  date  of  this  discovery  was  prior  to  November  23d,  1876  —  which 
must  have  been  about  the  time  the  Returning  Board  began  to  open  the  re 
turns —  for  on  that  day  John  Sherman  wrote  to  R.  B.  Hayes  from  Kel- 
logg's  office  on  official  State  paper  —  "  We  are  now  approaching  the  con 
tested  parishes.  As  to  five  of  them,  viz:  Baton  Rouge,  East  and  West 
Feliciana,  Morehouse,  and  Ouachita,  the  evidence  of  intimidation  is  so  well 
made  out  on  paper  that  no  man  can  doubt  as  to  the  just  exclusion  of  their 
vote.  In  these  parishes  alone  we  ought  to  have  a  majority  of  7,000,  but, 
under  the  law,  the  entire  return  must  be  excluded  in  all  election  districts 
where  the  intimidation  affected  or  changed  the  result.  If  this  is  done,  the 
result  will  give  the  Hayes  electors  majorities  aggregating  24,111.  and  the 
Tilden  electors  22,633.  But  in  almost  every  parish  the  official  returns  vary 
somewhat  from  these  stated  majorities,  and  thus  far  slightly  reduce  the  Re 
publican  majority.  The  vote  of  each  disputed  parish  has  thus  far  been 
laid  aside,  and  among  them  are  two  parishes  where  a  most  foolish  blunder 
(some  think  worse)  was  made  in  omitting  from  the  Republican  tickets  the 
names  of  all  the  electors  but  the  two  senatorial  and  one  district  elector. 


KELLOGG'S    PRICE.  l6/ 

behind  the  rest  of  the  ticket,  and  all  of  the  electors  were 
behind  the  State  ticket.  They  knew  that  they  must  make 
the  electors  carry  them  over  the  stream.  The  "visiting 
statesmen  "  were  present,  with  the  Northern  sentiment  they 
represented,  and  the  power  of  the  National  Administration 
behind  them  to  sanction  and  approve  the  counting-in  of 
the  Hayes  electors. 

The  returning  officers  had  no  disposition  to  stop  half 
way  in  their  nefarious  work,  but  they  were  quick  to  see  and 
to  take  advantage  of  the  fact  that  the  falling  behind  of  five 
of  the  Republican  electors  gave  them  an  opportunity  to 
count  in  some  of  their  friends  whom  they  might  otherwise 
have  felt  compelled  to  leave  out. 

Kellogg  insisted  upon  a  majority  in  the  legislature. 
A  seat  in  the  United  States  Senate  was  to  be  the  price 
of  his  villainy.  But  a  majority  in  both  houses  of  the  legis 
lature  was  almost  a  necessity.  Packard  could  scarcely  be 
maintained  as  governor,  even  with  Federal  bayonets,  if  the 
legislative  body  was  hostile.  The  candidates  for  Congress 
were  also  to  be  taken  care  of.  George  L.  Smith,  for  in 
stance,  was  not  altogether  unselfish.  It  was  not  pure  love  of 


The  democrats  claim  this  will  lose  us  over  2,000  votes,  but  our  friends, 
whose  information  we  have  generally  found  confirmed,  say  it  will  lose  us 
at  most  1,193  v°tes-  The  law  seems  conclusive  that  the  defective  ballots 
cannot  be  counted  for  any  electors  but  those  named  on  the  ticket,  though 
it  is  conclusively  shown  that  the  remaining  electors  were  omitted  by  reason 
of  the  mistaken  idea  that  the  district  could  only  vote  for  one  elector.  The 
whole  trouble  grew  out  of  the  fact  that  in  these  two  parishes  a  candidate 
for  district  judge  was  not  named  on  the  ticket  printed  by  the  State  commit 
tee,  and  he  undertook  to  correct  this  by  printing  new  tickets,  which  were 
voted  in  those  parishes.  The  result  of  this  blunder  will  leave  the  poll  so 
close  as  to  render  it  probable  that  one  or  more  of  the  Tilden  electors  would 
have  a  majority.  There  are  other  parishes  where  the  organized  intimida 
tion  was  not  so  general  as  in  the  parishes  named,  though  in  single  election 
precincts  it  was  effective.  These  parishes  where  formal  protests  have  been 
filed  are  Bienville,  Bossier,  Caldwell,  Franklin,  Grant,  Iberia,  Lincoln, 
Richland,  and  Sabine.  How  far  the  proof  in  these  parishes  will  sustain 
the  protests  we  cannot  judge  until  the  evidence  is  read  before  the  Return 
ing  Board." 


168  A    POLITICAL    CRIME. 

the  Republican  party  that  induced  him  to  be  particeps 
criminis  in  the  forgeries  and  perjuries  concocted  and  perpe 
trated  in  the  New  Orleans  Post-office  on  the  night  of  the 
24th  of  November.  Then,  again,  there  were  local  candi 
dates  for  parish  officers  who  wanted  their  share  of  the  plun 
der.  In  thieves'  parlance  the  "swag"  must  be  fairly 
divided.  The  fellows  who  pried  the  doors  open,  bore  the 
heat  and  burden  of  the  day,  did  the  false  swearing,  de 
manded  their  rights. 

A  new  estimate  of  the  counting-out  to  be  done  was 
hastily  made,  and  the  conclusion  was  arrived  at  that  by 
throwing  out  certain  polls  in  the  parishes  of  Richland,  De 
Soto,  Webster,  Livingston,  Lafayette,  and  Natchitoches, 
in  addition  to  those  determined  on  in  the  Felicianas,  East 
Baton  Rouge,  Ouachita  and  Morehouse,  the  requisite  Re 
publican  majority  could  be  obtained.  It  was,  however, 
necessary  to  get  up  affidavits,  to  have,  if  possible,  state 
ments  from  supervisors  of  registration  for  these  parishes. 
This  required  delay.  This  necessitated  the  holding  back 
of  returns.  Hence  the  dilatoriness  of  the  board,  and  the 
refusal  to  comply  with  the  demands  of  the  Democratic 
counsel  for  the  production  of  the  returns  held  back  by 
supervisors. 

In  the  case  of  Richland  parish  the  supervisor,  J.  F. 
Kelley,  was,  with  great  difficulty,  induced  to  make  a  state 
ment.  D.  J.  M.  A.  Jewett  says  of  the  efforts  made  to 
coerce  Kelley  the  following:  "J.  F.  Kelley,  supervisor, 
brought  consolidated  statement  to  New  Orleans  in  person  : 
waited  upon  Governor  Kellogg,*  before  delivering  returns  to 
board,  and  reported  to  him  certain  facts  respecting  registra 
tion  and  election.  The  governor  then  and  there  draughted  a 
protest  for  Kelley,  who  having  disappeared  meanwhile, 

*  H.  R.  Mis.  Doc.,  No.  31,  part  2,  45th  Cong.,  3d  Sess.,  p.  172. 


DOCTORING   AFFIDAVITS.  169 

Kellogg  handed  the  draught  to  me  with  the  request  that  I 
would  see  that  Kelley  signed  something  like  that,  and  that 
he  filed  the  same  with  his  returns.  Upon  meeting  Kelley 
the  next  day,  he  declined  to  sign  a  statement  such  as  the 
governor  had  draughted,  assigning  as  a  reason,  that  he  did 
not  personally  know  the  facts  stated  to  be  true.  Mr.  Kelley 
returned  to  his  parish  without  making  any  protest.* 

"  Kelley  returned  to  New  Orleans  with  witnesses  about 
November  25,  when  I  handed  Judge  Campbell  a  substan 
tial  copy  of  Kellogg's  draught  and  requested  him  to  take 
charge  of  the  matter.  I  think  the  judge  afterwards  told  me 
Kelley  still  refused  to  sign.  About  November  30,  Mr. 
Kelley  signed  an  inconsequential  affidavit  respecting  the 
election  in  Richland  which  was  shown  to  me,  whereupon  I 
drew  up  the  protest  which  appears  with  his  returns  and 
handed  it  to  Mr.  Hagin,  I  think  for  Mr.  Kelley's  signature. 
This  Mr.  Kelley  signed  16  or  17  days  after  his  returns 
were  in  the  office  of  the  board." 

Kelley  testified  t  that  he  had  signed,  but  did  not  swear  to, 
an  affidavit  draughted  by  Jewett  and  that  subsequently,  after 
his  return  from  Richland  parish,  he  made  an  affidavit 
draughted  by  Kellogg.  On  being  shown  the  original  of  the 
affidavits  he  pointed  out  interlineations  in  one  of  them,  the 
one  draughted  by  Kellogg,  which  he  was  positive  were  made 
after  he  had  sworn  to  it.  The  other  one  which  he  had 
signed  for  Jewett  had  a  j  urat  attached,  and  he  was  positive  that 
he  never  made  the  oath  which  it  is  there  stated  he  took  be 
fore  Commissioner  Woolfley.  He  testified  that  he  persistently 
resisted  the  many  efforts  made  by  Kellogg,  Jewett,  and 
Campbell  to  induce  him  to  swear  to  things  which  he  did 
not  know  to  be  true :  that  he  told  them  if  they  wanted 

*  H.  R.  Mis.  Doc,,  No.  31,  part  2,  45th  Cong.,  3d  Sess.,  p.  1447, 
t  Ibid,  pp.  171  to  182. 


A    POLITICAL    CRIME. 

people  to  do  that  kind  of  swearing  he  could  send  them 
down  from  Richland.  They  then  gave  him  subpoenas  and 
sent  him  after  them;  he  remained  at  home  ten  days  and 
did  not  intend  to  return,  but  a  deputy  marshal  came  after 
him. 

He  further  testified  that  he  believed  the  election  in 
Richland  parish  was  fair,  free,  and  peaceable,  and  knew 
nothing  to  the  contrary,  and  would  not  have  believed  on 
oath  the  persons  who  reported  to  him  otherwise :  that  he 
told  Kellogg,  Jewett,  and  Campbell  he  would  not  swear  to 
a  lie  for  them  or  the  party  :  that  Kellogg  repeatedly  coaxed 
and  urged  him  to  make  an  affidavit  stating  he  had  personal 
knowledge  of  acts  of  intimidation  and  told  him  the  result  of 
the  election  depended  on  the  vote  of  his  parish.  The  two 
affidavits  purporting  t©  be  made  by  Kelley  printed  in  the 
Sherman  report  are  of  the  date  of  November  30.  In  the 
proceedings  of  the  Returning  Board  printed  in  the  same 
report,  it  is  stated  in  the  account  of  the  opening  of  the  re 
turns  of  Richland  parish,  November  25,  that  there  were  no 
statements  except  those  showing  « the  peaceable  and  quiet 
character  of  the  election." 

The  supervisor  of  Livingston  parish  forwarded  his  re 
turns  by  express,*  addressed  to  «  Michael  Hahn,  state  regis 
trar  of  voters,  C.  O.  D."  Hahn  refused  to  pay  the  charges 
as  did  likewise  the  returning  officers.  The  democrats  after 
furnishing  the  trifling  amount  could  not  induce  the  board 
to  send  for  the  package.  Finally  Hahn  consented  to  re 
ceipt  for  the  package  and  after  opening  it  sent  it  to  the 
board.  The  vote  for  Presidential  electors  was  Hayes  121, 
Tilden  769.  The  supervisor  had  failed  to  sign  his  name  to 
the  consolidated  statement,  but  the  jurat  and  certificate  by 
the  clerk  of  the  court  were  attached,  and  in  every  other  re- 

*  Senate  Ex.  Doc.  No.  2,  44th  Cong.  2d  Sess.  p.  124. 


SPECIMEN     PROOF?  I/I 

spect  the  returns  were  regular  —  including  those  from  the 
commissioners  of  election.  The  supervisor  was  in  New 
Orleans,  but  the  board  declined  to  issue  a  subpoena  for 
him. 

The  law  required  them  to  canvass  and  compile  the 
returns  of  the  commissioners  of  election  and  the  consoli 
dated  statement  of  the  supervisor  was  merely  made  for 
their  convenience.  They  were  bound  to  go  to  the  original 
returns  from  the  polling  places.  There  were  no  irregulari 
ties  alleged  —  no  objetions  on  the  part  of  the  commis 
sioners  —  and  none  by  the  supervisor.  The  affidavits  filed 
with  the  board  after  Nov.  28,  were  not  only  ex  parte,  but 
wholly  hearsay  statements.  They  could  not  under  the 
law  be  received  by  the  board  because  jurisdiction  was  only 
conferred  by  the  statements  of  commissioners  of  election 
and  of  the  supervisor  "  in  form  as  required  by  section 
twenty-six."  But  even  admitting  these  affidavits  they 
proved  nothing  whatever  affecting  either  the  registration 
or  the  election. 

The  returns  of  Natchitoches  parish*  gave  three  Hayes 
electors  2,099,  an(^  nve  I>55^?  three  Tilden  electors,  1,761, 
and  five  1,558  votes.  On  Dec.  i  and  3  a  dozen  affidavits 
were  filed  with  the  board  alleging  general  intimidation. 
There  was  no  complaint  from  the  commissioners  of  election 
and  no  statement  by  the  supervisor.  The  affidavits  proved 
not  one  single  fact.  The  allegations  were  of  the  most  gen 
eral  character  —  the  opinions  of  individuals  that  the  Re 
publican  majority  ought  to  have  been  from  800  to  1,000 
votes. 

The  supervisor  of  Lafayette  t  parish  withheld  his  re 
turns  till  the  29th  of  November.  His  consolidated  state- 

*  Senate  Ex.  Doc.  No.  2,  44th  Cong.  2d  Sess.,  pp.  62,  63,  558  to  568. 
t   Ibid,  p.  129,  524  to  533. 


A    POLITICAL    CRIME. 


ment  was  sworn  to  on  the  i4th  and  contained  no  reference 
to  complaints  against  the  peaceable  character  of  the  elec 
tion  held  at  any  of  the  polls,  and  no  allegations  affecting 
the  registration.  An  affidavit  made  by  the  supervisor  Nov. 
28  with  others  made  on  that  and  subsequent  days  appear 
in  the  Sherman  report.  They  contain  vague  allegations  in 
regard  to  alleged  intimidation  affecting  the  registration  for 
polls  i  and  2,  but  only  claim  that  three  or  four  electors 
were  induced  by  threats  to  vote  the  Democratic  ticket,  and 
but  one  of  these  could  be  induced  to  swear  that  he  did  vote 
that  ticket  under  compulsion. 

When  the  board  came  to  figure  exactly  on  the  returns 
it  was  found  that  they  would  have  to  go  further  than  they 
expected  after  the  second  estimate  had  been  made  and  to 
throw  out  polls  *  in  the  parishes  of  Franklin,  Caldwell,  Ver- 
non,  Catahoula,  St.  Charles,  St.  Landry,  Tangipahoa, 
Claiborne,  and  Iberia.  They  finally  rejected  the  whole 
vote  of  East  Feliciana  and  threw  out  Grant  parish  on  the 
ground  that  there  was  no  legal  election  held,  the  super 
visor,  Ward,  having,  abandoned  the  parish  before  the 
day  of  election.  They  threw  out  in  addition  sixty- 
nine  *  polls  from  twenty-two  other  parishes,  and  refused 
to  include  the  polls  which  the  supervisors  of  East  Baton 
Rouge,  Lafayette,  La  Fourche,  and  the  assistant  super 
visors  of  wards  two,  three,  and  six,  New  Orleans,  had, 
without  warrant  of  law  Refused  to  compile.  In  all,  13,213 
Democratic  electors  were  disfranchised  and  2,415  repub 
licans.  The  highest  number  of  votes  "  actually  cast  "  for 
a  Democratic  elector  was  83,817  and  for  a  Republican 
elector  77,332.  Five  of  the  Republican  electors  ran  be 
hind  the  vote  of  their  colleagues  1,141.  The  average  ma 
jority  for  the  Democratic  electors  was  7,116  !  * 

*  H.  R.  Mis.  Doc.  No.  34,  Part  2,  44th  Cong.  2d  Sess.  pp.  790-794. 


A  CHAPTER   OF  CRIMES.  173 

rS^I> 

'UNIVERSITY' 
%FO|JJ> 

CHAPTER  X. 

The  counting-in  finished  and  same  day  the  Hayes'  electors  met  and 
voted :  They  did  not  comply  with  the  Constitution  and  the  laws  of 
the  United  States  :  Tom.  Anderson  carried  the  defective  return  of 
electoral  votes  to  Washington:  The  President  of  the  Senate 
pointed  out  the  failure  to  comply  with  the  law :  Anderson  opened 
the  package  and  discovered  defect  in  certificate :  What  passed  be 
tween  Anderson  and  the  President  of  the  Senate :  A  conspiracy  to 
suppress  the  defective  returns  and  manufacture  new  ones :  How 
this  was  done:  The  persons  who  conspired:  The  forgery  of  the 
signatures  of  Levissee  and  Joffroin,  two  absent  electors  :  Those  who 
knew  of  the  forgery :  Kellogg  warned  Senator  Morton :  Why  he 
gave  the  warning:  The  testimony  of  Anderson,  Clark,  Kellogg, 
Sheldon  and  Kelley  reviewed  and  analyzed :  The  way  Kellogg 
took  care  of  Kelley:  The  Smith  bogus  return:  Proceeding  in  joint 
convention :  The  way  Morton  managed  the  Electoral  commission : 
A  chapter  of  crimes. 

THE  Returning  Board  announced  the  result  of  its  manipu 
lations  and  certified  the  election  Dec.  6th,  the  day  the 
electors  are  required  by  law  to  meet  and  vote  for  President 
and  Vice-President.  The  Republican  electors  knowing 
what  the  board  was  going  to  do  were  on  hand  and  ready 
to  perform  their  parts.  They  met,  cast  their  votes  for 
President,  Rutherford  B.  Hayes;  for  Vice-President,  Wil 
liam  A.  Wheeler.  They  used  but  a  single  ballot,  writing 
thereon  the  names  of  both  candidates.  The  Constitution 
of  the  United  States  requires  electors  to  vote  for  candidates 
for  President  and  Vice-President  by  distinct  ballots.  Hav 
ing  voted  as  described  they  proceeded  to  sign  in  triplicate 


A    POLITICAL    CRIME. 


a  certificate  of  the  votes  cast  and  included  in  one  list  the 
electoral  votes  for  President  as  well  as  those  given  for  Vice- 
President.  This  was  violation  number  two  of  the  Consti 
tution,  which  requires  "  distinct  lists  of  all  persons  voted  for 
as  President,  and  of  all  persons  voted  for  as  Vice-Presi- 
dent,  and  of  the  number  of  votes  for  each,  which  lists  they 
shall  sign  and  certify,  and  transmit  sealed  to  the  seat  of 
government  of  the  United  States  directed  to  the  President 
of  the  Senate." 

Kellogg  as  governor  complied  with  the  law  which 
required  him  to  deliver  to  each  elector  three  certificates 
stating  that  they  were  duly  chosen  as  electors,  and  an 
nexed  one  of  these  to  each  of  the  triplicate  certificates 
the  electors  had  signed.  Thereupon,  H.  Conquest  Clark, 
the  governor's  private  secretary,  enveloped  the  triplicate 
certificates,  and  endorsed  on  the  outside  of  each  envel 
ope  a  statement  that  it  contained  a  list  of  all  the  votes 
for  President  and  Vice-  President,  but  the  electors  failed 
to  sign  these  statements  as  the  law  required.  Thos.  C. 
Anderson,  having  been  chosen  to  carry  one  of  the  pack 
ages  to  Washington,  received  the  same  on  Dec.  2ist. 
One  of  the  others  was  forwarded  by  mail  to  the  President 
of  the  Senate,  and  the  other  was  deposited  with  the  judge 
of  the  United  States  District  Court. 

Anderson  reached  Washington  the  evening  of  Dec.  24, 
and  on  Christmas  morning  called  upon  the  President  of  the 
Senate,  Mr.  Ferry,  to  deliver  the  package  whereof  he  was 
the  bearer.  Mr.  Ferry,  upon  examining  the  superscrip 
tions  on  the  envelope  called  *  Anderson's  attention  to  the 
fact  that  the  statement  of  the  contents  of  the  envelope  en 
dorsed  thereon  was  not  signed  by  the  electors  as  the  law 
required. 

*  H.  R.  Mis.  Doc,  No.  31,  45th  Cong.  3d  Sess.  p.  539. 


ANDERSON'S  SWEARING.  175 

Anderson  testified*  that  he  suggested  to  Mr.  Ferry 
to  open  the  package  and  see  if  the  endorsement  was 
not  inside.  This  could  not  have  occurred,  because,  Mr. 
Ferry  had  just  pointed  out  to  Anderson  that  the  law  re 
quired  that  the  sealed  envelope  must  have  endorsed  thereon 
the  certificate  of  the  electors  that  it  contains  the  returns  of 
the  electoral  votes.  After  having  had  this  explanation  made 
to  him  it  is  not  possible  that  Anderson  could  have  asked 
the  President  of  the  Senate  to  open  the  package  to  find 
whether  the  proper  endorsement  was  on  the  inside  of  the 
envelope. 

Anderson  persisted  in  swearing  that  this  was  all  that 
occurred  between  Mr.  Ferry  and  himself;  that  they  did 
not  discuss  the  question  as  to  the  correctness  and  reg 
ularity  of  the  contents  of  the  package.  But  Kellogg  t  ad 
mitted  on  cross-examination  that  Anderson  told  him,  on 
his  return  to  New  Orleans,  that  Ferry  had  advised  him  to 
examine  the  law  and  see  whether  the  certificate  had  been 
made  in  accordance  therewith. 

Anderson  after  his  interview  with  Ferry  went  to  his 
hotel,  stopping  on  the  way  to  buy  a  ticket  for  New  Orleans. 
He  claimed  that  he  opened  the  package  in  his  room  late 
the  afternoon  of  that  day  to  see  if  the  endorsement  which 
the  law  says  shall  be  written  on  was  not  inside  of  the  en 
velope.*  Of  course,  this  statement  is  untrue.  He  opened 
the  envelope  to  find  whether  the  certificate  it  contained  was 
in  form  as  the  Constitution  and  the  laws  required.  He  had 
seen,  he  admitted,  several  friends  before  opening  the  pack 
age,  but  could  not  remember  what  he  had  said  to  them.  * 
It  was  possible,  he  thought,  that  he  might  have  said  that 
the  certificate  was  not  in  form  and  he  was  going  back  to 

*  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  3d  Sess.  p.  540. 
t  Ibid,  p.  674. 


1/6  A    POLITICAL    CRIME. 

New  Orleans  to  have  it  fixed.  His  memory  was  a  blank 
as  to  everything  else  and  the  most  searching  examination 
could  not  extract  other  particulars. 

Certain  facts  are,  however,  established.  Mr.  Ferry  did 
not  accept  the  package  from  Anderson.  He  pointed  out 
the  law  to  Anderson  which  requires  the  sealed  envelope, 
containing  the  electoral  certificates,  to  have  an  en 
dorsement  signed  by  the  electors  that  it  contains  the 
electoral  vote.  He  advised  Anderson  to  examine  the  law 
and  see  what  it  required  in  regard  to  the  certificates  them 
selves.  After  seeing  "  several  friends,"  but  just  who  he 
failed  to  recollect,  Anderson  went  to  his  room  and  opened 
the  package  "  to  see  if  the  endorsement  was  on  the  inside  " 
and  not  finding  it,  left  that  night  for  New  Orleans  carry 
ing  back  the  opened  package. 

Mr.  Ferry  ought  to  have  received  the  package  which 
Mr.  Anderson  handed  to  him.  Anderson's  credentials 
were  in  due  form.  Mr.  Ferry  had  already  received  by  mail 
the  duplicate  in  all  respects,  so  far  as  the  superscription  in 
dicated,  of  the  package  Anderson  handed  him.  Unques 
tionably  Mr.  Ferry  knew  that  the  electors  who  had  met  on 
the  sixth  of  December  and  voted  for  President  and  for  Vice- 
President  and  made  out  the  return  thereof  were  functus 
officio  ;  that  they  could  not  subsequently  —  weeks  after  they 
had  ceased  to  have  legal  existence  —  correct  errors,  either 
of  omission,  or  of  commission.  The  law  gave  him  no  dis 
cretion  in  the  premises.  The  returns  came  to  him  as 
the  President  of  the  Senate  and  he  was  merely  the  custodian 
of  them  until  the  two  Houses  of  Congress  met  in  joint  con 
vention  on  the  day  fixed  by  law  when  they  were  to  be 
opened  and  counted. 

There  was  no  legal  method  of  remedying  any  defect, 
error,  or  mistake  made  by  the  electors.  In  this  case  the  so- 


WHAT    WAS    TO    BE    DONE?  177 

called  Republican  electors  had  failed,  first,  to  comply  with 
the  positive  requirements  of  the  Constitution  in  voting  for 
candidates  for  President,  and  for  candidates  for  Vice-Presi 
dent.  They  had  voted  ballots  on  which  were  written  the 
names  of  Hayes  and  Wheeler,  when  they  should  have  voted 
separate  —  "  distinct  "  —  ballots,  each  containing  the  res 
pective  names  of  the  candidates  for  President  and  Vice- 
President ;  and,  second,  they  had  failed  to  make  their  return 
of  the  votes  cast  for  each  candidate  in  "  distinct  lists,"  or 
separate  certificates.  These  failures  to  obey  the  Constitution 
undoubtedly  vitiated  their  acts.  The  discovery  of  non- 
compliance  with  these  constitutional  requirements  by  the 
Republican  Presidential  electors  of  Louisiana,  on  Decem 
ber  25,  1876,  must  have  created  consternation  among  the 
Republican  leaders  in  Washington.  Without  the  vote  of 
Louisiana  Hayes  and  Wheeler  could  not  be  counted  in. 
After  all  that  had  been  done  and  risked,  to  lose  the  mighty 
stake  they  had  so  desperately  played  for,  was  enough  to 
make  them  resort  to  still  more  desperate  measures.  They 
could  scarcely  hope  to  have  the  two  Houses  of  Congress 
accept  a  certificate  of  the  electoral  vote  of  a  state  which 
was  not  in  accordance  with  the  precise  and  specific  re 
quirements  of  the  Constitution.  A  contest  over  the  vote 
of  Louisiana  was  inevitable  without  this  constitutional  ob 
jection.  With  that  superadded  the  complication  would 
indeed  be  serious. 

But  what  could  be  done  ?  Manifestly  but  one  thing  — 
the  certificates  made  out  in  triplicate  on  December  6,  1876, 
must  be  suppressed  and  false  ones,  complying  with  the 
provisions  of  the  Constitution,  must  be  substituted  therefor. 
This  unquestionably  was  the  conspiracy  concocted  in 
Washington  on  Christmas  day,  1876.  In  this  connection 
the  slightest  circumstances  and  the  most  trivial  details 


178  A    POLITICAL    CRIME. 

become  of  the  greatest  consequence.  They  are  often 
important  links  in  the  chain  of  circumstantial  evidence  by 
which  conspirators  are  convicted.  Mr.  Ferry  advised 
Anderson  to  examine  the  law  to  see  what  it  required.  He  had 
shown  him  the  law  in  regard  to  the  endorsement  prescribed 
for  the  outside  of  the  envelope,  therefore,  he  did  not  advise 
him  to  examine  the  law  in  reference  to  that  defect. 

Anderson  asked  Ferry  to  open  the  package.  What  for  ? 
Anderson  said  the  object  was  to  see  whether  the  proper 
endorsement  was  on  the  inside.  But  this  was  false.  The 
omission  Ferry  had  pointed  out  was  the  absence  of  the 
signatures  of  the  electors  to  the  endorsement  on  the 
envelope  which  the  law  required  to  be  there.  The  en 
dorsement  was  written  on  the  envelope  in  due  form,  but 
the  electors  had  not  signed  it.  Anderson  undoubtedly 
told  the  truth  when  he  said  he  asked  Ferry  to  open  the 
package  but  lied  when  he  said  the  object  was  to  find 
whether  the  endorsement  was  on  the  inside.  He  asked 
Ferry  to  open  the  package  and  ascertain  whether  the  con 
tents  were  all  right —  whether  any  other  mistakes  had  been 
made. 

But  Mr.  Ferry  was  not  ready  to  commit  a  crime  himself. 
He,  however,  did  not  hesitate  to  suggest  the  commission  of 
one  by  others.  He  advised  Anderson  to  examine  the  law  and 
see  forhimself  what  was  required.  To  what  purpose  unless 
he  examined  the  certificate  also  ?  Anderson  could  not  be 
made  to  say  whom  he  saw  in  Washington  after  he  left  Ferry. 
He  admitted  that  he  took  a  carriage  and  drove  to  Senator 
West's  house  but  claimed  that  he  did  not  find  him  at  home. 
The  utmost  that  he  could  be  got  to  say  was  that  he  saw 
"  several  friends  "  and  that  he  might  have  mentioned  that  he 
was  going  back  to  New  Orleans  because  the  electoral  cer 
tificate  was  defective.  He  admits  that  it  was  after  "  seeing 


BLANK    RECOLLECTIONS. 


several  friends  "  that  he  opened  the  package  containing 
the  electoral  certificate. 

He  reached  New  Orleans  the  morning  of  December 
28th  and  went  directly  to  see  Kellogg  whom  he  found  in 
the  executive  office.*  He  told  him  "  something  "  as  to  what 
Ferry  said  about  the  certificate  not  being  right.  This,  he 
professed,  was  all  he  could  recollect  of  this  important 
interview  with  Kellogg.  And  singular  enough  Kellogg's 
recollection  was  not  any  better  except  he  finally  remem 
bered  that  Anderson  told  him  that  Ferry  advised  him  to 
examine  the  law  and  find  out  what  was  required  in  the  cer 
tificates  of  electoral  votes.  But  Kellogg  had  a  distinct 
recollection  that  he  sent  for  Clark,  his  private  secretary,  and 
turned  the  matter  over  to  him  and  Anderson.**  In  this 
Anderson  corroborated  Kellogg  so  far  as  "  the  turning  over  'v 
to  Clark  was  concerned,  but  beyond  that  he  was  not  willing 
to  admit  that  he  assumed  any  responsibility.  He  could  not 
recollect  that  he  told  Clark  anything  in  particular  except 
that  Ferry  had  pointed  out  the  omission  of  the  signatures  of 
the  electors  on  the  envelope.**  He  recollected  that  either 
he  or  Clark  took  out  of  the  envelope  its  contents,  but  he 
had  no  recollection  of  pointing  out  any  defects  therein. 

Kellogg's  recollection  was  almost  a  blank  ;  he  "  really 
paid  no  attention  to  the  matter"  —  he  "had  the  whole  state  on 
his  shoulders.  "f  Clark,  |  however,  had  a  distinct  recollec 
tion  that  Anderson  "  stated  that  friends  in  Washington 
thought  that  instead  of  the  names  for  President  and  Vice- 
President  being  on  one  sheet  they  should  be  on  two  sheets." 
Who  these  "  friends  in  Washington  "  were,  Clark  had  no 
peisonal  knowledge,  or  any  other  kind,  except  what  he 
obtained  from  the  newspapers.  He  asked  Anderson  no 

*  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  3d  Sess.  p.  541. 
**  Ibid,  p.  674.  t  ibid,  p.  710.  f  Ibid,  p.  258. 


ISO  A    POLITICAL    CRIME. 

questions.  He  was  equally  discreet  with  Kellogg.  All 
that  passed  between  them  was  this  —  *  "  Governor  Kellogg 
said  to  me,  '  I  wish  you  would  see  General  Anderson.  He 
says  there  is  something  wrong  about  these  certificates/ 
and  at  the  governor's  request  I  went  into  a  room  in  the 
state  building  where  General  Anderson  was  sitting,  and 
then  the  conversation  took  place."  He  professed  not  to 
have  consulted  with  any  one  concerning  the  defects  of  the 
first  certificates  of  the  electoral  votes,  or  how  these  defects 
were  to  be  remedied  in  the  new  ones.  His  professions  in 
this  respect  were  doubtless  true — "  friends  in  Washington  " 
had  instructed  Anderson  and  Anderson  instructed  Clark ! 

Clark  went  about  the  preparation  of  the  new  certificates 
without  a  moment's  delay.  They  must  be  ready  for  signature 
the  next  day  and  the  messenger  must  leave  at  5:20  P.  M.  with 
one  set,  and  another  set  must  be  mailed  before  that  hour, 
in  order  to  reach  Washington  within  the  time  fixed  by  law 
for  their  reception.  The  time  expired  January  3,  1877, 
and,  therefore,  the  latest  train  the  messenger  could  take  in 
New  Orleans  was  the  one  leaving  at  5:20  P.  M.  December 
29th.  But  pressing  as  the  time  was  Clark  had  certificates 
printed*  from  the  same  type  from  which  the  impressions  of 
those  used  on  the  6th  of  December  were  made.  Having 
obtained  his  fac  simile  printed  blanks  —  as  to  paper  and 
type — Clark  prepared  a  room  on  the  third  floor  of  the 
State  House  and  spread  out  the  certificates  to  be  signed  on 
a  large  table.* 

There  were  triplicate  certificates  which  required  trip 
licate  certification  by  the  governor.  Clark  ingeni 
ously  *  accounted  for  the  way  in  which  he  obtained 
these  certificates  of  the  governor,  without  having  him  exe 
cute  an  ante-dated  document  and  the  secretary  of  state  to 

*  H.  R.  Mis.   Doc.  No.  31,  4$th  Cong.  $d  Sess.  pp.  258  to  265. 


HOW    IT    WAS    DONE.  iSl 

countersign  and  affix  the  great  seal  as  of  December  6th,  as 
follows:  He  claimed  that  on  December  6th,  he  had  made 
out  in  triplicate,  signed,  countersigned,  and  sealed,  certifi 
cates  but  that  Governor  Kellogg  objected  to  the  illegibility 
of  the  handwriting  of  the  clerk  who  drew  them  up,  and, 
therefore,  he  had  to  have  another  set  of  governor's  certifi 
cates  prepared  and  executed  in  triplicate ;  that  he  had  pre 
served  the  first  lot  and  when  they  were  needed  on 
December  29^1  they  were  ready  to  hand.  But  strange  to 
say  when  Mr.  Clark  came  to  attach  the  governor's  certifi 
cates  to  the  new  and  forged  lists  of  electoral  votes  he  de 
tached  from  the  certificate  Anderson  had  brought  back, 
the  governor's  certificate  and  used  only  two  of  the  ones,  he 
said,  he  had  on  hand.  The  reason  assigned  for  these  extra 
governor's  certificates  being  on  hand  was  the  illegibility 
of  the  handwriting.  But  the  two  returns  made  on  Decem 
ber  29,  1876,  which  came  to  Washington,  one  by  messen 
ger,  and  one  by  mail,  had  attached  governor's  certificates 
in  as  legible  handwriting  as  that  of  the  governor's  certifi 
cate  attached  to  the  returns  made  December  6,  1876, 
which  came  by  mail. 

The  late  electors  did  not  gather  *  in  the  room  on  the 
third  floor  of  the  State  House  where  Clark  had  arranged 
the  new  certificates  for  signature.  Those  of  them  avail 
able  were  taken  up  one  by  one,  either  by  Clark  or  Thomas 
S.  Kelley,  the  colored  messenger  of  the  Executive  office. 
Clark  says  he  took  Kellogg  up  to  the  room  to  sign  and 
that  he  also  saw  Brewster,*  the  last  one  to  sign,  write 
his  name.  He  saw  none  of  the  remaining  six  sign.  He 
professed  to  have  made  no  inquiry,  *  whatever,  and  to 
have  heard  none  made,  as  to  the  whereabouts  of  A.  B. 
Levissee  and  Oscar  Joffroin  He  wrote  a  note  to  Morris 

*  H.   R.  Mis.  Doc.,  No.  31,  45th  Cong.,  sd  Sess.  pp.  270-271. 


1 82  A    POLITICAL    CRIME. 

Marks  *  at  Donaldsonville  asking  him  to  come  to  the  State 
House,  but  he  did  this  without  a  suggestion  from  any  one. 

Kellogg  insisted  that  he  paid  very  little  attention  to  the 
preparation  or  signing  of  the  second  set  of  certificates  be 
cause  he  "had the  whole  state  on  his  shoulders," — his  time 
and  mind  being  engrossed  with  other  things.  He  claimed 
that  he  made  no  inquiries  about  Levissee  and  JofTroin  or 
either  of  them ;  that  he  heard  of  none  being  made. 

Sheldon  f  testified  that  on  the  day  Anderson  returned 
from  Washington  he  was  at  Kellogg's  office  and  met  there 
Kellogg,  Anderson,  and  Clark;  that  the  fact  of  the  absence 
of  Levissee  and  JorTroin  was  known  to  him,  and  he  asked 
Kellogg  if  they  could  be  got  there  and  Kellogg  replied  that 
he  had  sent  for  them;  that  the  next  morning,  when  he 
went  to  the  State  House  to  sign,  he  asked  Kellogg  if 
Levissee  and  JorTroin  had  arrived  and  the  reply  was  they 
had. 

But  Mr.  Sheldon  undoubtedly  prevaricated.  He  knew 
that  Levissee  could  not  have  come  from  Shreveport  to  New 
Orleans  if  he  had  been  asked  to  come  on  the  morning  of 
the  28th.  At  that  time  there  was  no  way  of  making  the 
journey  between  Shreveport  and  New  Orleans  in  less  than 
seventy-two  hours.  JofTroin  lived  in  the  parish  of  Pointe 
Coupe  and  it  was  a  physical  impossibility  to  have  sent  for 
and  to  have  brought  him  to  New  Orleans  in  twenty-four 
hours. 

And  yet  Mr.  Sheldon  swore  that  as  soon  as  he 
learned  the  facts  from  Anderson  on  December  28th  he 
asked  Kellogg  what  had  been  done  about  Levissee  and 
JofTroin  who  were  not  in  the  city.  Kellogg  told  him  then  they 
had  been  sent  for,  and  the  next  morning  Kellogg  told  him 

*  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  3d  Sess.  p.  264. 
t  Ibid.  p.  1274. 


SYSTEMATIC    PERJURY.  183 

they  had  arrived.  All  of  the  parties  in  New  Orleans  in 
cluding  Sheldon  testified  that  they  knew  nothing  of  the 
defects  in  the  certificates  of  December  6th  until  Anderson 
reached  New  Orleans  on  December  28th.  Anderson  tes 
tified  *  that  to  the  best  of  his  recollection  he  did  not  tele 
graph  either  from  Washington  or  on  his  way  home. 

Is  it  possible  that  Sheldon  was  the  only  person  who 
made  inquiry  about  the  two  absentees  ?  Is  it  possible  that 
he  accepted  as  true  Kellogg's  statement  when  he  knew  that 
it  was  a  physical  impossibility  for  Kellogg  to  have  secured 
their  presence  in  the  period  of  time  that  had  elapsed? 
Of  course  not !  Sheldon  was  simply  trying  to  tell  a  plausi 
ble  story,  and  failed.  He  knew  that  if  he  testified  that  he 
made  no  inquiries  about  these  two  men,  whose  absence 
from  New  Orleans  had  been  proved,  he  would  not  be  be 
lieved. 

As  to  Kellogg,  and  Burch,  and  Joseph,  and  Marks, 
and  Brewster,  and  Clark,  who  swore  they  made  no  inquiries 
about  Levissee  and  Joffroin,  but  took  it  for  granted  that 
they  were  there  and  signed,  there  can  be  but  one  conclu 
sion  —  they  one  and  all  committed  perjury. 

What  was  the  object  of  this  systematic  perjury  ?  They 
one  and  all  knew  that  the  names  of  Levissee  and  Joffroin 
were  forged  to  the  certificates  of  electoral  votes  they  signed 
on  the  29th  of  December.  Upon  no  other  hypothesis  can 
this  uniform  professed  absence  of  curiosity  about  the  two 
missing  men  be  accounted  for.  The  sudden  return  of  An 
derson  from  Washington,  the  preparation  of  new  certificates 
of  electoral  votes,  their  being  dated  back  twenty-three  days, 
the  knowledge  that  upon  the  electoral  vote  of  Louisiana 
depended  the  result  of  the  Presidential  election,  the  secrecy 
with  which  the  manufacture  of  the  ante-dated  certificates 

*  H.  R.  Mis.   Doc.  No.  31,  45th  Cong.  3d  Sess.  p.  540. 


1 84  A    POLITICAL    CRIME. 

was  conducted,  the  going  up  one  by  one  to  a  room  on  the 
third  floor  of  the  State  House  —  all  these  circumstances 
must  have  excited  their  curiosity  to  the  highest  pitch. 

The  utmost  secrecy  was  to  be  preserved  as  to  the  rest  of 
the  world  and,  therefore,  the  greater  the  discussion  among 
themselves.  They  would  naturally  want  to  know  wherein 
their  certificates  of  December  6th  were  defective ;  who  ad 
vised  Anderson  to  have  the  defects  remedied ;  what  was  to 
become  of  the  set  that  had  been  sent  by  mail,  and  of  the 
one  deposited  with  the  judge  of  the  District  Court  of  the 
United  States ;  these  and  many  other  inquiries  must  inevita 
bly  have  to  be  made.  Is  it  within  the  limit  of  human 
credulity  to  believe  that  no  one  remarked  the  absence  of 
Levissee  and  JofTroin  ? 

Anderson  who  had  carried  the  first  set  of  certificates 
did  not  take  the  forged  set  to  Washington.  A  man  named 
Hill,*  who  was  a  clerk  in  the  State  Auditor's  office,  bore 
the  forged  electoral  votes  to  the  National  Capital  with  a 
sealed  letter  of  advice  from  Kellogg  to  Zach.  Chandler. 
Arriving  in  Washington,  Hill  called  upon  Chandler  at  the 
Interior  Department  and  presented  Kellogg's  letter.  Chan 
dler  read  it  and  directed  him  to  go  direct  to  the  Capitol 
and  deliver  the  package  containing  the  forged  electoral 
votes  to  the  President  of  the  Senate.  On  reaching  the 
Capitol  and  finding  Mr.  Ferry  the  latter  called  into  the 
Vice-President's  room  John  Sherman  to  witness  the  delivery 
and  receipt  of  the  package.  Sherman  then  took  Hill  to  the 
room  of  the  committee  of  finance  and  there  wrote  a  letter  to 
Kellogg  which  was  delivered  sealed  to  the  messenger  for 
delivery  in  person. 

The  same  train  that  carried  Hill  to  Washington  also 
bore  by  mail  a  duplicate  package  of  the  forged  certificates 

*  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  3d  Sess.  pp.  4910  60. 


THE    PLAN    MARRED.  1 8$ 

and  the  same  day  that  the  messenger  made  his  delivery  the 
one  by  post  was  received  by  Mr.  Ferry.*  So  far  the  con 
spiracy  to  substitute  the  forged  certificates,  regular  in  form 
as  required  by  the  Constitution  and  the  laws  of  the  United 
States,  for  the  genuine  but  fatally  defective  ones  made  on 
Dec.  6th,  had  been  successfully  and  secretly  executed. 

It  only  remained  to  obtain  from  the  United  States  district 
judge  in  New  Orleans  the  package  which  had  been  de 
posited  with  him  on  the  sixth  of  December  and 
substitute  therefor  the  one  containing  the  electoral  cer 
tificate  forged  on  the  twenty-ninth  of  December.  Applica 
tion  was  made  to  the  judge,  Hon.  E.  C.  Billings,t  for  per 
mission  to  make  the  substitution  but  he  declined  to  grant 
it  on  the  ground  that  he  was  merely  the  custodian  without 
authority  to  deliver  to  any  one  unless  upon  requisition  from 
the  Speaker  of  the  House.  J  This  unexpected  refusal  of 
Judge  Billings  marred  the  plan  which  had  been  so  sys 
tematically,  secretly,  and  criminally  conceived  and  carried 
out. 

The  forgery  of  the  names  of  A.  B.  Levissee  and  Oscar 
Joffroin  to  the  ante-dated  certificates  must  have  been  known, 
as  has  already  been  demonstrated,  to  a  number  of  persons. 
It  is  probable,  however,  that  the  knowledge  as  to  the  forger 
might  have  been  confined  to  a  few  persons.  It  is 
demonstrable  that  Kellogg  and  Clark  must  have  known 
who  the  guilty  party  was.  Only  one  of  all  the  persons 
about  the  State  House  confessed  to  any  knowledge  of  the 
forgery  and  pretended  to  know  who  was  the  forger. 

Thomas  S.  Kelley  who  was  a  colored  messenger  of  the 

*  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  3d  Sess.  p.  1382. 

t  Ibid,  p.  1105. 

\  Curiously  enough  Judge  Billings  did  not  know  that  the  Secretary  of 
State  can  alone  send  for  the  package  deposited  with  the  U.  S.  district 
judge. 


1 86  A    POLITICAL    CRIME. 

executive  office  under  Kelldgg,  wrote*  to  Hon.  Clarkson  N. 
Potter  on  June  9,  1878,  from  Lake  Providence,  Louisiana, 
stating  that  he  was  "  familiar  with  all  the  facts  pertaining 
to  the  forgery  of  the  certificates  of  the  Louisiana  electors." 
He  also  said  that  "  Oscar  Jofiroin,  another  elector's  name, 
was  forged  as  well  as  Levissee's,  and  if  I  can  see  the  cer 
tificates  of  the  electors,  I  will  show  the  forged  ones.  I 
have  marks  on  them  that  will  prove  it  beyond  any  doubt, 
and  I  will  show  you  the  men  that  forged  them." 

In  a  postscript  to  this  letter  Kelley  referred  to  a  colored 
man,  named  James  D.  Kennedy,  employed  in  the  sergeant-at- 
arms'  office  of  the  Senate,  who,  he  said,  could  tell  who  he  was. 
Three  days  before  this  letter  was  written  A.  B.  Levissee  ** 
had  testified  before  the  Potter  committee  that  his  name 
had  been  forged  to  the  second  set  of  electoral  certificates: 
that  it  was  a  bungling  piece  of  work :  that  on  the  28th  and 
29th  of  December,  1876,  he  was  at  his  home  in  Shreveport, 
Louisiana,  having  left  New  Orleans  on  the  22d  or  23d  of 
that  month. 

Mr.  Potter  immediately  took  steps  to  have  Thomas  S. 
Kelley  subpoenaed  to  appear  before  a  sub-committee  which 
he  was  about  to  send  to  New  Orleans  to  take  testimony. 
But  the  day  the  deputy  sergeant-at-arms  of  the  House  of 
Representatives,  f  reached  Lake  Providence,  James  D. 
Kennedy  arrived  there  also  and  brought  Kelley  to  Wash 
ington.  Kennedy  J  subsequently  testified  that  he  had  gone 
to  New  Orleans  at  the  request  of  Kellogg,  who  procured 
him  a  leave  of  absence ;  that  he  held  his  position,  under  the 
sergeant-at-arms  of  the  Senate,  through  Kellogg's  influence; 
that  he  had  received  a  letter  from  Kelley,  the  contents  of 
which  he  communicated  to  Kellogg;  that  he  stopped  at 

*  H.  R.   Mis.  Doc.  No.  31,  45th  Cong.  3d  Sess.  p.  1446. 

'*  Ibid,  p.  129.  f  Ibid.  p.  568.  |  Ibid,  pp.   1115,   1116. 


KELLOGG'S   DARKEY.  1 87 

Lake  Providence  to  see  Kelley  and  brought  him  direct  to 
Washington,  paying  his  expenses;  that  they  arrived  on 
July  ist,  1878. 

Kelley  remained  in  Washington  and  was  supported 
until  Dec.  16,  1879,  by  money  furnished  by  Kellogg 
through  John  A.  Walsh,  a  former  citizen  of  New  Orleans, 
who  was  then  doing  business  as  a  banker  at  916  F  Street, 
Washington,  D.  C.  On  Dec.  16,  1879  *  Kellogg  had 
Thomas  S.  Kelley  placed  on  the  pay  roll  of  the  New  Or 
leans  Custom  House  and  he  drew  pay  at  the  rate  of$i,ooo 
a  year  until  March  4,  1880,  without  rendering  any  services, 
and  without  leaving  Washington.  On  the  fourth  of  March, 
1880,  Kelley  was  by  order  of  John  Sherman,  upon  the  re 
commendation  of  Kellogg,*  appointed  a  clerk  in  the  second 
auditor's  office  of  the  Treasury  Department  at  a  salary  of 
$1,000  per  annum.  He  was,  through  the  influence  of  Kel 
logg,  twice  promoted  and  is  now  a  second-class  clerk  re 
ceiving  a  salary  of  $1,400  a  year. 

During  the  fall  of  1878,  Kelley  requested  permission  to 
appear  before  the  Potter  committee  and  testify.  On  the 
nth  of  January,  1879,  he  was  examined  t  and,  after  ad 
mitting  knowledge  of  the  forgery,  declined  to  tell  what  he 
knew  on  the  ground  that  he  had  been  accused  of  the  crime, 
and,  therefore,  if  he  admitted  that  he  was  guilty  people 
would  say  he  was  a  fool  for  telling,  and,  if  he  denied 
having  committed  the  forgery,  no  one  would  believe  him. 
He,  however,  refused  to  say  that  his  answers  would  crim 
inate  himself  and,  the  committee  directed  him  to  answer 
the  questions  propounded.  He  requested  two  days'  delay 
to  consult  counsel  and  was  given  three  days.  He  was  re- 
Records  Appt.  Division,  U.  S.  Treasury  Dept. 

t  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  3d  Sess.  pp.  1131  to  1140  and 
1144  to  1159. 


A    POLITICAL    CRIME. 


called  January  i4th  and  then  denied  that  he  had  forged  the 
names  of  Levissee  and  Joffroin.  He  admitted  that  he 
knew  who  had  forged  the  name  of  Joffroin,  but  declined  to 
tell  who  was  the  forger.  He  pretended  great  fear  of  the 
consequences  to  himself,  although  claiming  that  he  had  no 
part  in  the  crime  save  to  witness  its  commission. 

On  being  required  to  answer  he  told  the  following  im 
probable  story.  He  said  he  assisted  Kellogg's  private  sec 
retary,  Clark,  in  arranging  the  room  on  the  third  floor  of 
the  State  House  where  the  certificates  of  electoral  votes 
which  had  been  prepared  Dec.  2  8th  were  spread  on  a  table, 
and  that  he  attended  several  of  the  late  electors  to  the 
room  ;  that  when  Clark  was  not  in  this  room  he,  Kelley, 
was  on  duty;  that  the  afternoon  of  Dec.  29th  he  came 
into  the  room  and  noticed  B.  P.  Blanchard,  Kellogg's  ex 
ecutive  clerk,  sitting  at  the  table  and  without  noticing  what 
he  was  doing  walked  to  the  fire-place  and  took  a  seat; 
that  he  sat  there  a  few  moments  and  saw  and  heard  nothing 
until  Blanchard  exclaimed  "  how  is  that  for  high  ?"  where 
upon  he  got  up  and  walked  to  the  table  and  saw  Blanchard 
with  a  pen  in  his  hand,  and  noticed  that  the  name  of  Oscar 
Joffroin  was  written  on  the  certificates,  and  that  the  ink 
was  not  dry  ;  that  Blanchard  said  nothing  and  he  asked  no 
questions. 

The  cross-examination  was  conducted  by  General 
B.  F.  Butler  and  the  result  was  very  damaging  to  Kelley. 
His  pretended  unwillingness  to  answer  the  first  day,  and 
his  hesitation  and  coquetting  the  second  day  were  shown 
to  be  mere  masquerading.  He  had  asked  for  delay  to  con 
sult  counsel,  but  claimed  he  had  not  talked  with  any  one. 
The  theory  of  the  cross-examination  was  that  Kelley 
was  the  forger.  He  persistently  refused  to  write  the 
name  of  Oscar  Joffroin.  His  penmanship  was  shown  to  be 


THE  DARKEY  HAD  KELLOGG.       189 

fair  but  not  good.  The  imitation  of  Levissee's  and  Jof- 
froin's  signatures  were  poor,  as  Levissee  had  testified. 

Blanchard  was  a  skilful  penman,  and  one  of  the 
shrewdest  of  the  many  expert  scamps  in  Kellogg's  employ. 
He  died  of  yellow  fever  several  months  before  Kelley  testi 
fied.  Would  he  have  taken  a  negro  like  Kelley  into  his 
confidence  ?  Jewett,  who  was  the  intimate  friend  of 
Blanchard,  and  well  informed  about  all  that  transpired  dur 
ing  that  period,  testified  that  he  knew  of  the  preparation  of 
the  second  set  of  certificates  of  electoral  votes  on  Decem 
ber  28th  and  2gth ;  that  the  absence  of  Levissee  and  Jof- 
froin  was  known  to  himself  and  Blanchard ;  that  the  forgery 
of  their  signatures  was  frequently  the  subject  of  conversa 
tion  between  Blanchard  and  himself;  that  it  was  their 
belief,  and  the  general  conviction  of  those  who  knew  of  the 
occurrence,  that  Kelley  was  the  forger. 

Whether  Kelley  was  or  was  not  the  forger  is  immaterial. 
He  possessed  knowledge  which  Kellogg  was  exceedingly 
anxious  to  have  concealed.  A  more  parsimonious  man  than 
Kellogg  does  not  live.  He  never  expended  a  dollar  of  his 
own  money  except  in  cases  of  the  direst  necessity.  He 
maintained  Kelley  in  Washington  at  very  considerable 
expense  for  eighteen  months.  The  demands  on  Kellogg 
during  that  period  and  for  another  year  thereafter  were 
incessant.  His  contest  with  Spofford  taxed  to  the  utmost 
his  command  of  the  patronage  of  the  custom  house  in 
New  Orleans  and  of  the  departments  in  Washington.  He 
had  to  provide  places  for  thirty-four*  of  the  members  of 
the  legislature  who  had  supported  him  for  the  United  States 
Senate.  That  he  had  no  real  affection  for  Kelley  is  shown 
by  the  fact  that  he  neglected  to  provide  for  him  during 
more  than  a  year,  and  only  made  provision  for  him  when 
*  Senate  Mis.  Doc.  No.  79,  46th.  Cong.  2d.  Sess.  pp.  21  to  .13. 


A    POLITICAL    CRIME. 

he  discoved  that  he  was  about  to  tell  all  he  knew  of  the 
forgery  of  the  certificates  of  the  electoral  votes. 

Clark  was  trusted  by  Kellogg  implicitly.  He  is  an 
Irishman,  a  bright  and  capable  man,  an  accomplished  jour 
nalist,  a  stenographer,  and  was  always  serviceable  to  his 
employers.  Kellogg  committed  to  him  the  preparation  of 
the  second  set  of  certificates  when  Anderson  returned  from 
Washington,  and  the  dispatch,  cleverness,  and  adroitness 
with  which  he  executed  his  task  demonstrated  his  capacity 
for  such  work.  Kellogg  provided  him  with  a  place  in  the 
Internal  Revenue  bureau  at  Washington  as  soon  as  the 
Packard  government  broke  to  pieces.*  It  is  significant  that 
Clark  and  all  the  other  witnesses,  who  professed  to  have 
any  knowledge  of  the  preparation  and  signing  of  the  forged 
electoral  certificates,  had  no  recollection  of  seeing  Kelley 
about  the  State  House  on  the  29th  of  December. 

It  is  marvellous  how  the  secret  of  this  crime  was  pre 
served.     It  was  known  in  a  general  way  to  ten  or  a  dozen 
persons  in  New  Orleans,  and  to  several  in  Washington,  and 
yet  not  a  whisper  concerning  it  escaped  till  some  time  after 
the  Electoral  Commission  had  been  organized.     Then  the 
allusion  to  it  was  vague  and  mysterious  and  conveyed  no 
information  that  attracted  the  attention  of  persons  not  cog 
nizant  of  all  the  facts.     It  was  a  brief  paragraph  in  a  letter 
from  New  Orleans  to  a  Cincinnati  paper  and  was  intended 
only  to  warn  Kellogg  and  his  co-conspirators  that  some  one 
had  knowledge  of  the  crime.     The  letter  was  written  by  a 
man  named  Richardson  who  derived  his  information  from 
D.  J.  M.  A.  Jewett.     Clark  saw  the  paragraph  and  sent  it 
with  a  letter  to   Kellogg.     Both   Clark  and   Kellogg  un 
doubtedly   suspected    the   source   from    whence   the   hint 
came. 

*  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  3d  Sess.  p.  264. 


"  SOMETHING    WRONG."  IQI 

The  paragraph  attracted  no  attention  in  Democratic 
circles.  It  was  not  intended  for  that  purpose.  They  had 
no  suspicion  that  the  Louisiana  conspirators  had  neglected 
to  comply  with  the  forms  prescribed  by  the  Constitution  and 
the  statutes  of  the  United  States  in  making  the  return  of 
electoral  votes.  They  took  it  for  granted  that  the  visiting 
statesmen,  who  remained  in  New  Orleans  until  after  the 
meeting  of  the  Republican  electors,  had  looked  after  every 
detail  of  this  kind. 

The  purpose  originally  was  to  suppress  the  first  returns 
made  by  the  Republican  electors  of  Louisiana.  This  has 
been  clearly  shown  elsewhere  in  this  chapter.  The  failure 
to  obtain  from  Judge  Billings  the  certificate  deposited  with 
him  shortly  after  the  sixth  of  December  and  to  substitute 
therefor  a  duplicate  of  the  one  forged  December  2Qth 
probably  would  have  compelled  a  change  in  the  programme, 
but  the  paragraph  in  the  Cincinnati  paper  impelled  Kellogg 
to  disclose  to  Senator  Morton  and  other  Republican  leaders 
in  Washington  the  fact  that  there  was  something  wrong 
with  the  second  set  of  returns.* 

Kellogg  was  very  guarded  in  giving  his  testimony  on 
this  point  to  the  Potter  committee.  The  utmost  that  he 
would  admit  he  had  said  to  Morton  and  other  leading 
republicans  was  that  "  the  second  set  could  not  be  depended 
on."  He  talked  very  glibly  about  his  confidence  in  the 
original  certificate  being  all  right,  in  spite  of  the  fact  that  it 
did  not  comply  with  the  Constitution  or  the  statute  law  of 
the  United  States,  and  he  dwelt  particularly  on  his  recogni 
tion  of  the  fact  that  the  dating  back  of  the  second  set  of 
certificates  would  have  invalidated  them,  but,  of  course,  the 
purpose  of  this  talk  was  apparent.  He  would  not  admit 

*  H.  R.  Mis.  Doc.,  No.  31,  45th  Cong.,  3d  Sess.,  p.  711. 


1 92  A    POLITICAL    CRIME. 

that  he  knew  of  the  forgery  of  the  signatures  of   Levissee 
and  Joffroin.  That  would  have  been  "giving  himself  away." 

The  admission  that  he  mentioned  to  Morton  and  others 
the  existence  of  something  "  crooked  "  in  the  second  set  of 
certificates  convicts  him  of  knowledge  of  the  forgery, 
because,  it  was  known  to  Mr.  Ferry,  Mr.  Sherman,  both 
the  Chandlers,  and  other  "  leading  friends  in  Washington  " 
that  the  second  set  had  been  manufactured  after  Christmas, 
1876.  Therefore,  there  was  no  necessity  for  Kellogg  to  tell 
Morton  and  "  other  friends  "  about  that  irregularity.  They 
knew  that  fact  as  well  as  he  did.  He  could  have  told  them 
but  one  thing  —  namely  —  that  the  second  set  of  certificates 
could  not  be  "  depended  on "  because  they  were  forged, 
and  there  was  danger  that  the  crime  might  be  disclosed. 

There  was  another  incident  connected  with  the  electoral 
returns  from  Louisiana  which  has  an  important  bearing  in 
this  connection.  A  burlesque  certificate  was  prepared 
by  some  person  or  persons  in  New  Orleans  and  mailed  to 
the  President  of  the  Senate.  It  was  endorsed  in  due  form 
to  the  effect  that  the  envelope  contained  the  certificate  of 
the  electoral  vote  of  Louisiana,  but  the  signatures  of  the 
electors  were  wanting.  In  this  respect  it  corresponded 
exactly  with  the  package  containing  the  first  certificate  of 
the  electoral  votes  mailed  at  New  Orleans  on  or  about  De 
cember  6,  1876.  The  package  containing  the  burlesque 
certificate  was  received  by  the  President  January  9,  1877, 
just  six  days  after  the  receipt  of  the  second  and  forged  set 
of  certificates. 

When  the  two  Houses  of  Congress  in  joint  convention 
reached  Louisiana  in  the  opening  of  the  certificates  of  elec 
toral  votes,  Mr.  Ferry,  as  the  presiding  officer,  first  handed 
to  the  tellers  "  the  genuine  Kellogg  certificate,  which  had 
come  to  him  by  mail ;  next  the  McEnery  certificate,  which 


" SMITH"   CERTIFICATE.  193 

had  come  to  him  in  duplicate,  one  copy  by  mail,  and  the 
other  by  messenger;  and  next  the  forged  Kellogg  certifi 
cate,  of  which  two  copies,  one  by  mail  and  the  other  by 
Hill  as  messenger,  had  reached  him  ;  and  finally  a  certifi 
cate  signed  by  John  Smith,  declaring  that  the  vote  of 
Louisiana  had  been  cast  for  Peter  Cooper."  This  Smith 
certificate  was  read  as  the  others  had  been,  but  the  conven 
tion  unanimously  ordered  that  it  should  be  suppressed  and 
no  mention  of  it  made  in  the  record  of  the  proceedings. 

It  was  the  first  time  in  the  history  of  the  count  of  elec 
toral  votes  that  a  burlesque  certificate  had  been  sent  in. 
The  last  place  one  would  have  come  from  without  an  ulte 
rior  object  was  New  Orleans.  The  situation  there  from  the 
7th  of  November  onward  was  of  the  most  grave  and 
serious  character.  The  democrats  were  fighting  mad  and 
the  other  side  balanced  between  hope  and  uncertainty. 
Their  future  depended  upon  the  success  of  the  scheme  to 
count  in  Hayes. 

Whoever  got  up  the  burlesque  certificate  had  an  object 
in  view  other  than  creating  a  laugh  in  the  joint  convention. 
Whoever  the  author  of  it  was  he  had  an  object  in  conceal 
ing  his  authorship,  for  to  this  day  the  secret  has  been  jeal 
ously  guarded.  The  purpose  of  this  burlesque  was,  and 
could  have  been,  no  other  than  to  create  a  diversion  in  the 
joint  convention  which  would  draw  away  attention  from  the 
three  Republican  electoral  certificates.  When  it  was  found 
that  one  of  the  forged  set  of  certificates  could  not  be  sub 
stituted  for  the  one  which  had  been  deposited  with  Judge 
Billings,  it  became  a  certainty  that  the  first  certificate  sent 
to  the  President  of  the  Senate  by  mail  could  not  be  safely 
suppressed. 

A  diversion  was  created  in  the  joint  convention  by  the 
production  and  reading  of  the  burlesque  Smith  certificate. 

13 


194  A    POLITICAL    CRIME. 

Not  one  of  the  Democratic  lawyers,  managers,  senators,  or 
representatives  noticed  that  there  was  one  certificate  made 
by  the  Republican  electors  of  Louisiana  which  did  not 
comply  with  the  constitutional  requirements  and  that  there 
were  duplicates  of  another  certificate  from  the  same  electors 
which  were  in  proper  form. 

It  is  scarcely  possible  that  such  an  apparent  difference 
would  have  escaped  some  one  of  the  many  keen  observers 
on  the  Democratic  side,  if  there  had  not  been  an  exciting 
interruption  of  the  deliberate  proceedings  of  the  convention 
caused  by  the  production  of  such  an  unseemly  paper.  As 
soon  as  this  paper  had  been  read  great  confusion  ensued  in 
the  hall  and  it  required  several  minutes  to  order  its 
suppression  and  to  strike  from  the  record  of  the  proceed 
ings  all  reference  to  it.  No  trace  of  the  paper  was  ever 
found  after  the  joint  convention  took  a  recess  that  day.  It 
was  carried  off  by  some  one  who  had  a  reason  therefor. 

There  was  no  time  for  inspection  or  examination  of  the 
certificates.  All  the  papers  went  to  the  Electoral  Commission 
which  met  immediately  upon  the  separation  of  the  two 
houses.  As  soon  as  the  Commission  met  and  the  secretary 
began  to  read  the  papers  which  had  come  from  the  joint 
convention  one  of  the  Democratic  commissioners  moved 
that  the  reading  be  dispensed  with  and  that  the  papers  be 
printed.  It  was  so  ordered.  The  President  of  the  Com 
mission,  Hon.  Nathan  Clifford,  marked  for  identification  the 
papers,  beginning  with  the  certificates  as  follows :  The  first 
certificate  of  the  Kellogg  electors  —  the  one  which  did  not 
comply  with  the  constitutional  requirements  —  was  marked 
"No.  i,  N.  C. ;"  the  Democratic  certificate  was  marked 
"  No.  2,  N.  C. ;"  and  the  forged  Kellogg  certificate  "  No. 
3,  N.  C."  With  these  marks  on  the  different  certificates  in 
the  large  bold  handwriting  of  Judge  Clifford  they  went  to  a 


MORE    "  CROOKEDNESS.'*  195 

private  printer,  and  not  as  was  the  invariable  rule  before 
and  afterwards  to  the  public  printer. 

The  distinguishing  marks  were  omitted  in  the  printed 
copies.  This  was  a  remarkable  oversight  by  the  printer. 
He  did  another  singular  thing  —  instead  of  sending  the 
originals  with  the  printed  copies  back  the  next  morning  to 
the  secretary  of  the  Commission,  he  sent  the  originals  to  the 
secretary  and  caused  two  of  his  press-boys  to  distribute  the 
printed  copies  among  the  members  of  the  Commission  and 
the  counsel.*  There  is  no  means  of  proving  that  copies  of 
the  genuine  Kellogg  certificate,  "No.  i,  N.  C,"  were  not 
distributed,  but  if  they  were,  it  seems  unaccountable  that 
the  Democratic  commissioners,  the  Democratic  lawyers, 
and  the  two  hundred  Democratic  members  of  the  House 
and  Senate,  should  not  have  observed  that  they  did  not  corre 
spond  with  the  copies  of  the  "  No.  3,  N.  C."  —  the  Kellogg 
certificate  correct  in  form  but  forged. 

If  printed  copies  of  the  "No.  i,  N.  C."  certificate  had 
been  about  its  defective  form  would  inevitably  have  been 
detected.  Comparison  with  the  other  Republican  electoral 
certificate  —  "No.  3,  N.  C."  would  certainly  have  been 
made,  and  the  difference  noted.  Nothing  of  this  kind  hap 
pened  and  the  conclusion  is  irresistible  that  two  copies  of 
the  forged  certificate  were  distributed  instead  of  one  copy 
of  the  genuine  and  defective  and  one  copy  of  the  correct 
in  form  but  forged  certificate. 

But  this  was  not  all;  when  the  Electoral  Commission 
had  decided,  eight  to  seven,  to  count  the  electoral  vote  of 
Louisiana  for  Hayes  and  Wheeler,  Senator  Morton  f  was 
careful,  in  his  motion,  to  specify  the  electoral  votes  in  certif 
icate  "No.  i,  N.  C."  the  genuine  but  constitutionally  defec- 

*  H.  R.  Miss.  Doc.  No.  26,  45th  Cong.  3d  Sess.  pp.  118,  567,  568. 
t  Electoral  Count  p.  420. 


196  A    POLITICAL    CRIME. 

tive  one.  Therefore,  the  Electoral  Commission,  by  a  partisan 
vote  counted  the  electoral  votes  of  Louisiana  which  were 
not  returned  as  the  Constitution  of  the  United  States  pre 
scribes  they  shall  be,  and  this  was  done  so  far  as  Mr. 
Morton  was  concerned  with  the  knowledge  that  the  other 
set  of  Republican  electoral  certificates  from  Louisiana 
could  "  not  be  depended  on." 

*  "  And  when,  later,  the  record  of  the  proceedings  in 
Congress  and  of  the  Electoral  Commission  came  to  be  made 
up,  this  formally  correct  but  forged  certificate  was  in  fact 
wholly  suppressed,  while  a  second  copy  of  the  genuine  but 
defective  certificate  was  inserted  in  its  place.  That  is,  the 
record  declares  that  there  was  before  the  Congress,  and  by 
it  referred  to  the  Commission,  and  there  considered,  the 
Democratic  certificate  and  the  genuine  but  defective  certifi 
cate  of  the  Republican  electors,  and  no  others,  the  latter  in 
duplicate,  once  by  the  name  of  No.  i,  and  later  by  the 
name  of  No.  3.  Whereas,  it  is  altogether  certain  that  this 
was  not  the  fact,  and  altogether  probable  that  the  prints 
which  were  before  the  Electoral  Commission  were  a  print  of 
the  Democratic  certificate  and  two  prints  of  the  forged  Re 
publican  certificate,  and  of  these  alone,  and  that  nothing 
whatever  was  considered  or  acted  upon  by  the  Commis 
sioners  or  Congress  but  these,  and  that  instead  of  it  being 
a  fact,  as  these  records  state,  that  Congress  and  the  Com 
mission  had  before  them  two  prints  of  the  genuine  but  de 
fective,  and  no  other  Republican  certificate,  there  was  before 
them,  and  really  considered  by  them,  only  two  copies  of 
the  regular  but  forged — and  of  no  other  Republican  certifi 
cate,  and  that  neither  Congress  nor  the  Commission  ever 
had  an  opportunity  to  or  did  consider  the  defects  of  the 
genuine  certificate  at  all." 

*  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  30!  Sess.  p.  70. 


"  MURDER   WILL    OUT. 


The  boldness  of  the  conception,  the  secrecy  of  the  exe 
cution  of  the  crime  was  only  equalled  by  the  dextrous  and 
unscrupulous  manipulation  of  the  printed  record  of  the 
proceedings  in  Washington.  The  intention  was  undoubtedly 
to  conceal  so  far  as  the  published  record  could  the  fact 
that  there  had  been  a  conspiracy  to  manufacture  a  forged 
certificate  of  electoral  votes  by  Kellogg  and  his  coadjutors 
in  Washington  and  Louisiana.  Happily  the  investigation 
ordered  by  the  House  of  Representatives  in  1878  disclosed 
sufficient  facts  to  enable  the  historian  to  trace  the  devious 
ways  of  the  conspirators  and  to  tell  the  story  of  one  of  the 
crimes  which  the  perpetrators  thereof  fondly  hoped  would 
not  be  brought  to  light. 


198  A    POLITICAL    CRIME. 


CHAPTER  XI. 

How  the  Republican  visiting  statesmen  disobeyed  General  Grant's 
instructions  :  How  they  prostituted  themselves  :  Preaching  rigid  ad 
herence  to  "forms  of  law"  they  encouraged  disregard  of  the  same: 
John  Sherman  made  Secretary  of  the  Treasury  and  Almoner  of  the 
fraudulent  administration :  His  pet  bank  in  New  York  :  Stanley 
Mathews,  his  services  and  reward  therefor :  James  A.  Garfield,  his 
work  and  reward  :  William  M.  Evarts,  what  he  did  and  how  he  was 
paid :  E.  W.  Stoughton,  author  of  the  infamous  report  to  the  Pres 
ident  made  Minister  to  Russia :  John  M.  Harlan  made  Justice  of 
the  Supreme  Court  of  the  United  States  for  helping  to  get  rid  of 
Packard :  Joseph  R.  Hawley  sent  on  a  pleasure  trip  to  Paris : 
John  Coburn  also  paid :  Eugene  Hale  and  William  D.  Kelley  re 
warded  with  "  patronage." 

THE  Republican  visiting  statesmen  did  not  conduct  them 
selves  in  Louisiana  as  impartial  judges  commissioned  "  to 
see  that  the  board  of  canvassers  make  a  fair  count  of  the 
votes  actually  cast."  On  the  contrary  they  lent  the  great 
weight  of  their  "  national  reputation  "  to  influence  and  en 
courage  the  Returning  Board  officers  to  violate  the  spirit  as 
well  as  "  the  forms  of  law  "  and  to  disregard  the  will  of  the 
people  by  refusing  "  to  make  a  fair  count  of  the  votes 
actually  cast." 

Among  those  who  thus  prostituted  their  high  calling  as 
statesmen  and  lawyers  were  gentlemen  well  known  to  be 
near  to,  and  to  speak  with  authority  for,  Rutherford  B. 
Hayes.  After  having  obtained  the  Presidency  by  means  of 
the  frauds,  perjuries,  and  forgeries,  which  these  personal 


THE    RECOGNIZED    CHIEF.  199 

representatives  encouraged  and  promoted,  Mr.  Hayes  re 
warded  these  men  for  their  services  with  high  offices,  and 
bestowed  upon  the  members  of  the  Returning  Board,  upon 
state  officers,  and  party  managers,  and  on  many  of  the  sub 
ordinate  rogues,  honorable  and  lucrative  Federal  offices. 

John  Sherman  was  the  recognized  chief  of  "  the  visiting 
statesmen  "  in  New  Orleans.  His  name  heads  the  signa 
tures  appended  to  the  report,  made  to  the  President  of  the 
United  States,  which  attempts  a  defence  of  the  illegal  and 
indefensible  conduct  of  the  Returning  Board,  and  presents 
in  support  thereof,  a  mass  of  ex-parte  affidavits.  The  manu 
facture  of  these  affidavits  has  already  been  noticed.  The  elec 
tion  law  of  Louisiana  which  created  the  Returning  Board, 
and  vested  it  with  extraordinary  powers,  was  unquestionably 
unconstitutional,  and  had  been  so  adjudged  by  Senator 
Edmunds*  and  a  majority  of  the  Senate  of  the  United 
States,  in  the  spring  of  1875,  on  the  question  of  seating 
Pinchback,  as  Senator  from  Louisiana,  whose  credentials 
were  based  on  an  election  by  a  legislative  body,  a  majority 
of  whose  members  had  been  "  counted  in  "  by  the  Return 
ing  Board. 

But  waiving  the  question  of  constitutionality,  it  will  cer 
tainly  be  admitted  that  the  Returning  Board  could  have  no 
legal  powers  save  those  conferred  upon  it  by  the  election 
law.  If  those  powers  could  only  be  exercised  in  certain 
contingencies,  when  certain  forms,  prescribed  by  the  law 
itself,  had  been  strictly  complied  with,  then,  of  course,  the 
Returning  Board  exceeded  its  authority  if  it  exerted  power 
in  the  cases  wherein  it  had  no  jurisdiction  whatever. 

It  is  an  incontestible  fact  that  John  Sherman  and  his 
associated  "  visiting  statesmen  "  learned,  immediately  on 
their  arrival  in  New  Orleans,  that  the  Louisiana  election 

*  See  Cong.  Rec.  Part   I,  Vol.  IV,  p.  65. 


200  A    POLITICAL    CRIME. 

law  *  required  the  commissioners  of  election  to  certify  to 
the  supervisors  of  registration  for  their  parishes  the  facts 
concerning  any  occurrences  which  in  their  judgment  had 
invalidated  the  elections  at  the  polling  places  where  they 
were  the  officers ;  that  this  certificate  must  be  verified  by 
three  respectable  citizens,  qualified  voters,  at  that  voting 
place. 

These  certificates  coming  to  the  supervisors  of  registra 
tion  were  to  be  forwarded  to  the  Returning  Board,  and  they 
alone  gave  jurisdiction  to  that  body.  The  supervisors  of 
registration  could  report  only  such  facts  as  related  to  the 
registration  of  voters,  because  they  had  no  personal  knowl 
edge  of  anything  else. 

Before  the  Returning  Board  began  its  sessions,  on  the 
iyth  of  November,  it  was  known  to  the  members  thereof, 
to  the  Republican  managers,  and  to  "  the  visiting  states 
men,"  that  in  not  one  single  instance,  throughout  the  en 
tire  state,  had  the  election  officers  entered  a  complaint 
against  the  fair,  free,  and  peaceable  character  of  the  elec 
tion  ;  that  not  one  of  the  supervisors  of  registration  had  re 
ported  a  single  fact  reflecting  on  the  fairness,  freeness,  and 
fullness  of  the  registration  in  one  of  the  parishes  of  the  state. 
This  being  so,  the  Returning  Board  was  bound,  legally,  to 
canvass  and  compile  the  votes  as  they  had  been  returned  by 
the  Commissioners  of  election. 

And  if  the  law  —  even  the  Louisiana  election  law had 

been  obeyed  — the  Tilclen  electors,  the  Democratic  state 
ticket,  and  a  large  majority  of  the  Democratic  candidates 
for  the  legislature,  would  have  been  found  elected  by  ma 
jorities  ranging  from  7,000  to  10,000  votes.  It  was,  therefore 
necessary  for  the  Returning  Board  wrongfully,  illegally,  ar 
bitrarily,  to  assume  jurisdiction,  and,  without  one  jot  or 

*  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  3d  Sess.  p.  790. 


"AN    AFFIDAVIT    MILL."  2OI 

tittle  of  legal  evidence  before  it,  to  proceed  to  throw  out 
enough  Democratic  votes  to  bring  in  the  Hayes  electors, 
the  Republican  state  ticket,  and  enough  candidates  for  the 
legislature  to  give  a  majority  in  both  Houses  thereof. 

To  do  this  there  must  be  some  semblance  of  jurisdiction 
as  well  as  some  pretended  evidence.  The  supervisors,  by 
the  express  terms  of  the  election  law,  were  required  to 
make  up  their  returns  "  within  twenty-four  hours  AFTER  all 
returns  had  been  received  "  from  the  commissioners  of  elec 
tions,  and  "  TO  FORWARD  THEM  BY  MAIL  "  to  the  Return 
ing  Board.  This  done  they  were  functus  ojficio  —  they 
were  dead  in  law — they  could  do  nothing  further  in  con 
nection  with  the  election. 

In  contemplation  of  the  necessity  for  frauds,  the  super 
visors  of  registration  had  been  instructed*  to  disobey  the 
law,  and,  instead  of  forwarding  their  returns  by  mail,  to 
bring  them  in  person  to  New  Orleans.  In  the  greater 
number  of  cases  the  supervisors  had  obeyed  their  party 
managers,  instead  of  the  law,  and  brought  with  them  to 
New  Orleans  their  returns.  They  were,  as  necessity  dic 
tated  from  time  to  time,  instructed  to  make  in  New  Or 
leans,  and  file  with  their  returns,  statements  impeaching 
the  legality,  fairness,  freedom,  and  peaceableness  of  regis 
tration  and  election  in  their  parishes.  For  this  purpose 
there  was  established  in  the  custom  house  "  an  affidavit 
mill,"  where  the  supervisors  swore  to  statements  prepared 
for  them  by  Republican  managers,  and  negroes,  by  the 
scores,  were  brought  from  all  quarters  to  make  "their 
marks,"  and  go  through  the  form  of  qualifying  to  affidavits 
to  sustain  those  sworn  to  by  the  supervisors.  A  committee 
of  "  visiting  statesmen "  had  supervision  of  the  lawyers 
who  directed  the  manufacture  of  the  so-called  evidence. 

*  H.  R.  Mis.  Doc.,  No.  31,  45th  Cong.,  3d  Sess.,  p.  1460. 


202  A    POLITICAL    CRIME. 

From  beginning  to  end  the  whole  business  was  illegal,, 
even  according  to  the  election  law  of  Louisiana.  It  was 
not  what  that  law  required.  This  fact  every  one  of  "  the 
visiting  statesmen  "  knew,  and  they  deliberately  became 
parties  to  the  conspiracy  which  was  formed  to  supply  pre 
texts  for  the  Returning  Board  to  assume  jurisdiction,  and 
to  furnish  it  with  a  lot  of  ex-parte  affidavits  as  substitutes 
for  the  evidence  the  law  required. 

With  full  knowledge  of  all  these  facts,  "  the  visiting 
statesmen  "  proclaimed  in  New  Orleans,  and  subsequently 
in  their  report  to  the  President,  that  it  was  *  "  vital  to  the 
preservation  of  constitutional  liberty  that  the  habit  of 
obedience  to  the  forms  of  law  should  be  sedulously  incul 
cated  and  cultivated,  and  that  the  resort  to  extra  constitu 
tional  modes  of  redress,  for  even  actual  grievances,  should 
be  avoided  and  condemned  as  revolutionary,  disorganizing, 
and  tending  to  disorder  and  anarchy !" 

Thus,  while  they  preached  the  doctrine  of  rigid  adher 
ence  "  to  the  forms  of  law,"  they  countenanced  and  en 
couraged  the  widest  departure  therefrom.  And  one  crime 
led  to  another.  Having  approved  departures  from  the 
letter  and  spirit  of  the  law,  by  the  Returning  Board,  it  be 
came  necessary  to  induce  subordinates  to  make  statements 
which  the  facts  did  not  warrant.  No  matter  how  violent 
a  partisan  a  man  may  be,  he  does  not  swear  to  lies  for  the 
mere  fun  of  committing  perjury  for  his  party's  sake.  They 
had  to  be  induced  thereto. 

John  Sherman  being  shown  a  copy  of  a  letter  which 
James  E.  Anderson,  supervisor  of  the  parish  of  East  Fe- 
liciana,  had  testified  before  the  Potter  committee,  he  had, 
in  connection  with  D.  A.  Weber,  supervisor  of  the  parish 
of  East  Feliciana,  received  from  John  Sherman,  that 

*  Senate  Ex.  Doc.  No.  2,  441)1  Cong.  2d  Sess.  p.  32. 


THE    SHERMAN    LETTER.  203 

worthy  declared,  on  his  oath,  that  while  he  believed  he  did 
not  write  that  particular  letter,  he  would  have  written 
"  some  of  the  things  "  contained  in  the  alleged  copy  if  he 
had  been  asked  so  to  do. 

There  were  but  three  sentences  in  the  letter.     One  ac 
knowledged  the  receipt  of  a  communication  of  even  date 
from  the  two  supervisors  —  the  second,  declared  that  Mr. 
Hayes  and  the  country  at  large  had  been  placed  under 
great  obligations  by  the  actions  of  the  supervisors,  and  the 
third,  pledged,  in  the  name  of  Mr.  Hayes,  rewards  for  the 
services  performed.     In  effect,  therefore,  Mr.  Sherman  ad 
mitted  to  the  Potter  committee  that  he  would  have  ac 
knowledged  in  writing  to  such  men,  that  they  had  placed 
Mr.  Hayes  under  obligations  and  that  they  should  be  re 
warded    therefor.      His   language   on   the   witness    stand 
was  —  *  «  There  are  things  in  this  letter  that  I  would  have 
written  to  them  or  any  other  men  who  were  engaged  in 
the  performance  of  what  I  believed  to  be  their  duty,  if  I 
had  been  asked."   The  letter  contained  just  two  "  things " - 
an  admission  of  obligations  and  a  promise  to  discharge  them. 
What  had  these  men  done,  whereby  they  had  placed  Mr. 
Hayes  under  obligations  which  John  Sherman  would  have 
been  willing  to  —  as  Anderson  claimed  he  did  verbally  and 
in    writing  —  promise    to    see    discharged?      They    had 
made, —  not  at  the  time  and  place  and  in  the  form  re 
quired  by  law,  —  but  in   the  custom    house   at  New  Or 
leans,   statements,    prepared    by   others,    which    were,   in 
neither  Anderson's  nor  Weber's  case,  filed  with  the  com 
missioner's   returns,  and    their  consolidation  thereof,  with 
the   Returning  Board  —  but  sometime  after  the  filing  of 
those  records. 

*  Page  17,  Vol.  I,  Rep.  Potter  Com.  Mis.  Doc.  No.  31,  H.  R.  45th 
Cong.  3d  Sess. 


204  A    POLITICAL    CRIME. 

Mr.  Sherman  knew  perfectly  well  that  when  the  super 
visors  of  registration  filed  their  returns  —  either  by  mailing 
them,  as  the  law  required,  from  the  parish  town,  within 
twenty-four  hours  after  all  the  commissioners'  returns  had 
been  received,  or  by  handing  them  personally  to  the  Re 
turning  Board  —  they  ceased  to  have  any  official  exis 
tence  —  that  they  were  no  longer  supervisors  of  registra 
tion  —  or  any  other  kind  of  officers  of  election.  He  knew 
that  they  had  performed  all  their  official  duties  and  that 
any  subsequent  statements,  made  by  them,  impeaching  the 
conduct  of  voters,  and  the  character  of  the  elections,  were 
outside  of  the  law  —  merely  the  acts  of  private  citizens  and 
ought  not  to  have  been  received  by  the  board. 

But  unless  such  statements  were  procured  to  be  filed 
with  the  board  it  could  have  no  sort  of  pretext  for  throwing 
out  Democratic  votes.  The  supervisors  of  registration 
knew  this  and  hence  they  exacted  consideration,  or  the 
promise  thereof,  for  their  work.  Some  of  them  added  the 
crime  of  forgery  to  that  of  perjury  —  without  apparently  in 
creasing  their  demands. 

John  Sherman  was  made  Secretary  of  the  Treasury  in 
"  recognition  "  of  the  important  services  he  had  rendered 
in  Louisiana,  and  to  satisfy  the  men  who  had  assisted  in 
the  perpetration  of  the  frauds  that  they  would  be  rewarded. 
He  was  confirmed  March  9,  1877.  The  place  of  Secretary 
of  the  Treasury  is  the  post  of  most  intrinsic  importance 
in  the  Federal  administration. 

At  that  particular  juncture  its  consequence  was  vastly 
increased  by  the  funding  operations  which  had  been  pro 
vided  for  by  Congress  in  1875.  Hundreds  of  millions  were 
involved  and  the  opportunities  for  friends,  and  favored 
banks  and  bankers,  to  profit  by  the  business  were  very  great. 
These  great  opportunities  were  not  neglected.  One  bank  in 


STANLEY    MATHEWS.  2O5 

the  city  of  New  York  had  the  use  of  many  millions  of  the 
government  money  for  month  after  month,  which  was  worth 
tens  of  thousands  of  dollars.* 

Stanley  Mathevvs  was  known  to  be,  in  a  peculiar  sense, 
the  friend  of  R.  B.  Hayes.  Very  soon  after  his  arrival  in 
Florida  W.  E.  Chandler  telegraphed,  in  cipher,  to  the 
private  secretary  of  Mr.  Hayes  to  "send  Stanley  Mathews."t 
But  Mr.  Mathews  was  in  New  Orleans  with  John  Sherman, 
Edward  F.  Noyes,  James  A.  Garfield  and  others  from 
Ohio  and  other  Northern  states.  The  request  of  Chandler 
was  forwarded  to  New  Orleans,  but  the  presence  of 
Mathews  was  deemed  indispensable  in  Louisiana,  and  Ed 
ward  F,  Noyes,  John  A.  Kasson,  and  Lew  Wallace  were 
sent  to  Florida. 

*  There  were  $740,000,000  of  four  per  cent,  bonds  sold  at  par  less  a 
half  of  one  per  cent,  commission,  netting  99^  cents.  Within  a  very  short 
time  the  market  value  of  these  bonds  advanced  to  107 — a  profit  to  specula 
tors  of  $115,500,000!  The  principal  purchaser  at  99^  was  the  First  Na 
tional  Bank  of  New  York  whose  magnificent  structure  on  the  corner  of 
Broadway  and  Wall  streets  is  universally  known  as  Fort  Sherman.  This 
bank  with  a  capital  of  only  half  million  dollars  on  June  14,  1879,  owed  the 
United  States  $128,109,071  for  bonds.  It  was  an  institution  of  obscure  and 
uncertain  credit  at  the  time  its  present  owners  came  into  control,  which 
singularly  enough,  was  of  the  same  date  as  the  incoming  of  the  fraudulent 
administration.  At  a  time  when  the  four  per  cents  were  selling  rapidly  and 
the  government  could  easily  and  safely  have  advanced  the  price  Mr.  Sher 
man  announced  that  he  had  received  subscriptions  for  all  he  could  sell. 
The  First  National  Bank  was  the  subscriber  for  all  that  were  for  sale. 
There  were  $100,000,000  of  10.40  bonds  held  by  the  national  banks  and  de 
posited  as  security  with  the  government  for  circulation.  They  were  called 
by  Sherman  and  the  banks  had  to  replace  them  with  four  per  cents.  They 
could  only  get  them  of  the  First  National  Bank  of  New  York.  Within  a 
week  "fours"  went  up  to  106. 

Some  of  the  national  banks  would  not  be  fleeced  and  held  off  buying. 
This  got  the  First  National  Bank  of  New  York  into  temporary  trouble  and 
Mr.  Sherman  had  to  come  to  its  rescue.  The  Treasurer  of  the  United 
States  Aug.  i,  1879,  drew  on  the  bank  for  $6,000,000.  Mr.  Sherman  was 
in  Maine  making  political  speeches.  The  bank  telegraphed  him  and  he 
telegraphed  the  Treasurer  to  hold  up.  Mr.  Sherman  hurried  from  Maine 
to  Washington  and  issued  an  order  extending  the  time  two  months  in 
which  the  pet  bank  could  pay  for  its  bonds.  It  got  out  of  its  temporary 
trouble,  kept  up  the  price  of  bonds,  drew  $800,000  interest  on  them  while 
they  held  them,  in  addition  to  the  premium  at  which  they  were  sold. 

f  H.  R.  Mis.  Doc.   No.  31.  45th  Cong,  ad  Sess.  p.  407. 


206  A    POLITICAL    CRIME. 

Mr.  Mathews  took  an  active  part  in  all  that  pertained  to 
the  fraudulent  count  by  the  Returning  Board,  and  mani 
fested  the  deepest  interest  in  satisfying  the  claims  of  the 
carpet-baggers,  after  the  fraud  had  been  consummated,  by 
the  inauguration  of  Hayes.  He  was  one  of  the  Republican 
counsel  before  the  Electoral  Commission  and  was  chiefly 
instrumental  in  inducing  Southern  democrats  to  defeat  the 
movement  in  the  House  of  Representatives,  which  had 
been  organized  to  prevent  the  completion  of  the  count  of 
electoral  votes.  As  the  especial  representative  of  Hayes 
he  pledged  the  abandonment  of  Chamberlain  in  South 
Carolina,  and  Packard  in  Louisiana,  in  return  for  the  seat 
ing  of  Hayes. 

In  pursuance  of  this  understanding  Mathews,  on  Feb 
ruary  27,  wrote  Packard  advising  him  that  the  Federal 
administration  would  have  to  withdraw  the  military  sup 
port  which  sustained  him,  and  assuring  him  that  personally 
he  and  others  should  not  go  unrewarded.  "  It  would  be 
the  duty,"  he  said,  "  of  the  administration  to  take  care  that 
staunch  republicans  like  yourself,  against  whom  nothing 
disreputable  can  be  alleged,  should  not  suffer,  and  should 
receive'  consideration  and  position  in  some  appropriate 
way." 

This  letter  was  written  three  days  before  the  count  of 
the  electoral  votes  was  completed,  and  was  shown,  before 
being  dispatched  to  Packard,  to  prominent  Southern  demo 
crats,  as  an  earnest  of  good  faith  on  the  part  of  Mr.  Hayes 
and  his  friends,  that  they  would  turn  over  the  government 
of  Louisiana  and  South  Carolina  to  the  democrats,  if  the 
Southern  leaders  would  secure  the  defeat  of  the  opposition 
in  the  House  of  Representatives  to  the  completion  of  the 
count. 

Mr.  Mathews  was  also  made  the  custodian  of  a  shame- 


A    HANDSOME     REWARD.  2O/ 

ful  agreement  *  made  in  writing  between  Charles  E.  Nash, 
colored  candidate  for  Congress  in  Louisiana,  and  James  E. 
Anderson,  supervisor  of  registration  for  the  parish  of  East 
Feliciana,  whereby  Anderson  undertook  to  suppress  evi 
dence  establishing  the  fact  that  the  democrats  had  fairly 
carried  that  parish  and  the  state,  and  Nash  in  return  was  to 
use  his  influence  to  secure  for  Anderson  the  position  of 
Naval  Officer  of  the  port  of  New  Orleans. 

Mr.  Mathews  obtained  that  agreement  from  Anderson 
and  other  documents  he  held,  promising  to  secure  him  such 
"recognition"  and  "consideration"  as  would  be  satisfac 
tory  to  him. 

In  return  for  these  services  Mr.  Mathews  was,  by  an 
arrangement  made  beforehand,  elected  to  the  United  States 
Senate  from  Ohio,  for  the  unexpired  term  of  John  Sherman, 
the  succeeding  term  to  be  given  to  James  A.  Garfield,  Mr. 
Mathews  thereafter  to  be  given  the  first  vacancy  on  the 
bench  of  the  Supreme  Court  of  the  United  States. 

In  pursuance  of  this  arrangement,  Mr.  Mathews  was 
nominated  for  justice  of  the  Supreme  Court  by  Hayes  in 
1880,  but  the  Senate  declined  to  confirm  the  nomination. 
Hayes  t  requested  his  successor,  Garfield,  to  nominate 
Mathews  again  which  Garfield  did  in  1881,  and  by  admin 
istration  influence  and  the  powerful  cooperation  of  Jay 
Gould,  and  other  railroad  magnates,  the  confirmation  of  the 
nomination  was  secured.  Mr.  Mathews  is  now  in  the 
enjoyment  of  a  seat  on  the  bench  of  the  Supreme  Court 
and  a  salary  of  $10,000  a  year. 

James  A.  Garfield,  accompanied  John  Sherman  and 
Stanley  Mathews  to  Louisiana  in  November,  1876.  He  was 


*  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  3d  Sess.  p.  18. 
t  See  N.  Y.  World  for  full  particulars  of  this  shameful  transaction, 
March  10,  1884.    • 


208  A    POLITICAL    CRIME. 

one  of  the  most  active,  plausible,  industrious,  unscrupulous 
of  those  invited  by  President  Grant  to  go  to  that  state.  He 
installed  himself  in  the  custom  house  where  the  affidavits 
for  use  before  the  Returning  Board  were  manufactured.  As 
he  testified  at  Atlantic  City  in  July,  1878,*  he  consulted 
with  witnesses  and  when  he  thought  the  subordinate  affi 
davit  draughtsmen  had  not  done  their  work  well  he  made 
improvements  therein.  Is  it  possible  that  Mr.  Garfield 
was  misled  by  the  unprincipled  men  with  whom  he  was 
thus  associated?  It  is  certain  that  some  of  the  witnesses 
he  examined  subsequently  retracted  their  affidavits  and 
alleged  that  they  were  "  pushed  up  to  make  them."t 

D.  J.  M.  A.  Jewett,  one  of  the  shrewdest  and  most 
capable  of  the  Louisiana  carpet-bag  politicians,  avers  that 
Garfield  suggested  to  the  Returning  Board  the  plan  to  save 
the  five  Hayes  electors  who  ran  behind  by  rejecting  enough 
polls  from  the  returns  of  the  parishes  of  Caldwell,  Natchi- 
toches,  Richland,  Catahoula,  Iberia,  Livingston,  and  Tan- 
gipahoa,  to  make  up  the  votes  lost  in  Bienville  and  Iberia 
where  only  three  electors  had  been  voted  for. 

In  accordance  with  the  arrangement  made  with  Mathews, 
Garfield  was  elected  for  the  long  term  in  the  United  States 
Senate.  He  went  to  Chicago  in  1880  as  the  friend  of  John 
Sherman  at  the  head  of  the  delegation  from  Ohio,  and 
when  the  forces  of  Grant,  led  by  Roscoe  Conkling,  had 
successfully  maintained  for  a  week  an  unbroken  front  of 
306,  the  managers  of  Blaine  by  a  coup  d'etat  nominated 
Garfield.  His  election  was  admittedly  secured  by  the  lavish 
use  of  money  in  the  October  contest  in  Indiana,  and  the 
November  struggle  in  New  York. 

Chester  A.  Arthur,  who  managed  the  distribution  of  "  the 

*  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  3d  Sess.  p.  789. 
t  Ibid,  p.  471. 


WILLIAM    M,    EVARTS.  209 

soap,"  as  he  euphoniously  termed  it,  subsequently,  gave  the 
credit  of  the  success  in  Indiana  to  Stephen  W.  Dorsey  of 
"  Star  Route  "  infamy. 

William  M.  Evarts  who  in  1875,  on  the  occasion  of  the 
interference  of  the  military,  under  the  orders  of  President 
Grant,  with  the  organization  of  the  Louisiana  House  of 
Representatives,  unqualifiedly  denounced  that  act  as  well 
as  all  the  proceedings  and  acts  of  the  Louisiana  carpet 
baggers  and  Returning  Board  in  the  election  of  1874, 
whereby  the  will  of  the  people  of  that  State  was  defied, 
went  to  New  Orleans,  at  the  invitation  of  the  President,  "  to 
see  that  the  board  of  canvassers  make  a  fair  count  of  the 
votes  actually  cast,"  and  prostituted  his  reputation  and 
fame,  as  a  great  lawyer,  by  countenancing  the  illegal  acts 
of  the  same  Returning  Board  whose  conduct  he  had  con 
demned  in  1875. 

No  man  knew  better  than  Mr.  Evarts  that  the  Return 
ing  Board,  under  the  Louisiana  election  law,  was  obliged 
"  to  canvass  and  compile  "  the  returns  of  the  commissioners 
of  election  from  all  polls  whereat  there  had  been  "  a  fair, 
free,  and  peaceable  registration  and  election,"  and  that 
unless  these  commissioners  had  certified  that  the  election 
was  not  fair,  free,  and  peaceable,  the  Returning  Board  had 
no  power  whatever  to  go  back  of  the  same.  He  knew, 
moreover,  that  the  supervisors  of  registration  were,  in  all 
things  pertaining  to  the  election,  simply  ministerial  officers, 
and  that  it  was  their  bounden  duty  to  forward  the  returns 
of  commissioners  of  election  from  every  poll  in  their  par 
ishes  to  the  Returning  Board;  and  that  they  could  not 
legally  refuse  to  include  any  poll  in  their  statement  of  the 
votes ;  and  that  the  only  irregularity  they  could  report  to 
the  Returning  Board  was  concerning  the  registration  of  the 
voters. 

14 


210  A    POLITICAL    CRIME. 

The  fact  was  notorious  that  not  one  of  the  commission 
ers  of  election  in  the  entire  state  had  reported  that  the 
election  held  on  November  yth,  was  affected  in  any 
way  by  intimidation,  acts  of  violence,  or  any  of  the 
other  causes,  which,  the  law  said,  might  invalidate  the 
same.  He  knew  also  that  not  one  supervisor  of  registration 
had  at  the  time  and  place,  and  in  the  manner  required  by 
the  election  law,  certified  that  there  had  been  any  "  intimi 
dation,  tumult,  acts  of  violence,  disturbances,  bribery  or 
corrupt  influences"  which  had  in  any  manner  affected  the 
"fair,  free,  and  peaceable"  character  of  the  registration 
and  election. 

And,  yet,  Mr.  Evarts  united  with  John  Sherman,  James 
A.  Garfield,  and  others,  in  a  declaration  made  over  their 
signatures,  in  New  Orleans,  and  published  to  the  world  on 
November  16,  1876,  that  "it  is,  in  our  judgment,  so  vital 
to  the  preservation  of  constitutional  liberty  that  the  habit 
of  obedience  to  the  forms  of  law  should  be  seduously  incul 
cated  and  cultivated,  and  that  resort  to  extra  constitutional 
modes  of  redress,  for  even  actual  grievances,  should  be 
avoided  and  condemned  as  revolutionary,  disorganizing, 
and  tending  to  disorder  and  anarchy." 

This  was  mere  hypocracy  —  nay,  it  was  worse  than  the 
conduct  of  the  Pharisees  who  took  "  tithe  of  the  mint,  the 
anise,  and  cummin,  and  neglected  the  weightier  matters  of 
the  law."  It  was  deliberate,  dishonest  asseveration  that 
they  held  in  such  sacred  reverence  even  "the  forms"  of  the 
law,  that  they  would  frown  upon  any  departure  therefrom, 
well  knowing  that  the  Returning  Board  would  have  to  dis 
regard  "  the  forms,"  as  well  as  the  letter  and  spirit,  of  the 
law  in  order  to  count  in  the  Hayes  electors.  The  assevera 
tion  was  made  to  deceive  the  great  public,  and  to  cloak  the 
contemplated  frauds  of  the  Returning  Board  in  declaring 


E.    W.    STOUGHTON.  211 

chosen  the  Hayes  electors  who  had  been  defeated  at  the 
polls  by  more  than  7,000  votes  ! 

Mr.  Evarts  united,  also,  with  his  co-defenders  of  frauds, 
forgeries,  and  perjuries,  in  their  report  to  the  President 
which  was  as  infamous  for  suppressionis  vert  as  for 
suggestions  falsi  contained  therein.  He  was  the  leading 
counsel  of  Hayes  before  the  Electoral  Commission  and 
strove  with  all  his  great  ingenuity  and  eloquence  to  justify 
crimes  which  he  had  countenanced  and  encouraged  in 
Louisiana,  —  if  he  had  not  been  art  and  part  therein.  He 
was  rewarded  by  being  made  the  premier  of  the  fraudulent 
administration. 

E.  W.  Stoughton  was  no  less  conspicuous,  though, 
less  useful,  because  of  his  inferior  capacity,  in  New 
Orleans,  in  the  disreputable  work  of  stimulating  the  Louisi 
ana  rogues  to  disregard  law,  justice,  and  right,  and 
without  adhering  to  even  "  the  forms  "  prescribed  by  an  un 
constitutional  law,  to  declare  chosen  the  Hayes  electors. 
He  prepared  the  report  to  the  President,  commonly  known 
as  the  Sherman  report,  because  his  name  is  the  first  signed 
thereto,  justifying  the  monstrous  conduct  of  the  Returning 
Board.  It  was  accompanied  by  the  synopsis  of  the  ex-parte 
affidavits  prepared  by  Garfield  and  Courtlandt  Parker. 
There  were  375  printed  pages  of  the  affidavits,  and  in 
nearly  every  instance  they  were  procured  from  ignorant 
negroes  who  did  not  know  what  they  were  swearing  to,  or 
did  not  care  whether  they  were  telling  the  truth  or  not. 
Those  made  by  white  men  were  in  large  part  for  "  consid 
eration  "  and  "  recognition  "  in  the  future. 

The  report  itself  was  filled  with  misrepresentations,  and 
falsehoods,  and  contained,  among  other  shameless  things, 
fulsome  eulogies  of,  and  certificates  of  good  character  for, 
the  members  of  the  Returning  Board,  two  of  whom  were 


212  A    POLITICAL    CRIME. 

utterly  characterless,  while  the  other  two  were  mulattoes, 
one  of  whom  was  a  self-confessed  petty  thief,  and  the  other 
an  ignorant  but  willing  knave. 

For  these  services,  as  well  as  for  the  inconsequential 
part  he  bore  in  advocating  the  approval  of  the  manifold 
frauds,  forgeries,  and  perjuries  by  the  Electoral  Commission, 
he  was  made  minister  plenopotentiary  and  envoy  extrordi- 
nary  to  Russia,  which  post  he  held  from  October  30,  1877, 
to  April  12,  1872  —  receiving  in  salary  $77,626.25. 

John  M.  Harlan,  of  Kentucky,  was  one  of  three  per 
sons,  sent  to  Louisiana  in  the  spring  of  1877,  by  Hayes,  to 
be  present,  in  New  Orleans,  when,  in  pursuance  of  the 
agreement  made  by  Stanley  Mathews  and  others,  on  behalf 
of  the  fraudulent  administration,  the  Federal  troops  were 
withdrawn  from  New  Orleans,  and  the  bogus  Packard 
government  abandoned  to  its  fate.  Mr.  Harlan  and  his  as 
sociates  concluded,  on  their  arrival  in  New  Orleans,  that  it 
would  be  well  to  aid  the  democrats  in  procuring  enough  of 
the  members  of  the  Packard  legislature  who  had  been 
elected,  without  the  aid  of  the  Returning  Board,  to  desert 
to,  and  join  with,  the  Nichols  legislature. 

Packard  had  remained  obdurate  and  would  not  respond 
to  the  appeal  of  Stanley  Mathews,  and  insisted  that  his  title 
to  the  governorship  of  Louisiana  was  neither  better  nor 
worse  than  that  of  Mr.  Hayes  to  be  President  of  the  United 
States.  It  was,  therefore,  deemed  advisable  not  to  compel 
Hayes  to  openly  admit  the  illegality  of  the  Returning 
Board's  acts,  by  abandoning  Packard  without  some  pretext. 

The  pretext  was  furnished  by  Harlan,  and  his  co-com 
missioners,  managing  the  breaking  up  of  the  quorum  of 
Packard's  legislature.  This  was  accomplished  by  guaran 
teeing  the  seduced  Packard  adherents  their  pay  in  full, 
from  January  i,  1877,  by  the  Nichols  government,  and  a 


THEIR    REWARDS.  213 

bonus  in  cash.  Mr.  Harlan  and  his  fellow-commissioners' 
appeals  and  arguments,  unsupported  by  more  weighty  con 
siderations,  would  doubtless  have  availed  little  with  the 
corrupt  cattle  who  adhered  to  Packard's  fortunes. 

Mr.  Harlan  *  was  rewarded  for  his  services  in  success 
fully  conducting  this  mission  with  a  seat  on  the  bench  of 
the  Supreme  Court  of  the  United  States,  his  commission 
bearing  date  Nov.  24,  1877.  The  position  is  for  life,  with 
a  salary  of  $10,000  a  year. 

Joseph  R.  Hawley,  of  Connecticut  was  a  "  visiting 
statesman  "  to  Louisiana  and  played  a  subordinate,  though 
doubtless,  not  an  unimportant,  part  in  giving  moral  (?) 
support  to  the  "  cogging,  cozening,  knaves  "  who  counted 
in  the  Hayes  electors.  He  was  made  commissioner  to  the 
Paris  Exposition  of  1878  with  a  salary  of  $10  per  day  and 
expenses. 

John  Coburn,  a  rural  politician  from  Indiana,  was 
serviceable  in  some  capacity,  in  Louisiana,  at  the  time  of 
the  Returning  Board's  operations  and,  as  his  reward,  re 
ceived  the  place  of  commissioner  to  lay  off  into  lots  gov 
ernment  land  at  Hot  Springs,  Arkansas,  salary  $10  per 
diem  and  expenses. 

Eugene  Hale,  and  William  D.  Kelley,  members  of 
Congress  from  Maine,  and  Pennsylvania,  were  also  "  visit 
ing  statesmen  "  to  Louisiana,  to  lend  the  weight  of  their 
names,  position,  and  character,  to  bolster  the  acts  of  men 
like  Wells,  Anderson,  Kellogg,  and  the  other  characterless 
conspirators  engaged  in  stealing  the  vote  of  that  state.  Hale 
and  Kelley  received  no  promotion  at  the  hands  of  the 
fraudulent  administration  they  aided  to  make,  but,  doubt 
less  they  fared  well  in  the  general  distribution  of  patronage. 

*  See  testimony  of  H.  V.  Boytiton,  p.  396.  H.  R.  Mis.  Doc.,  No.  31, 
45th  Cong.,  3d  Sess.  about  Harlan's  expectations  before  going  to  N.  O. 
on  this  mission. 


214  A    POLITICAL    CRIME. 


CHAPTER  XII. 


The  character  Gen.  Sheridan  gave  Wells:  "Apolitical  trickster  and 
dishonest  man":  Well's  anxiety  to  be  bought  :  The  messages  he 
sent  to  the  republicans  in  Washington  by  a  government  agent: 
His  letter  to  Senator  West ;  "There's  millions  in  it":  The  gov 
ernment  agent's  interview  with  Don.  Cameron:  The  electoral  votes 
of  Louisiana  offered  to  the  democrats  for  $1,000,000:  The  proposal 
indignantly  spurned:  The  arrangement  made  with  the  visiting 
statesmen:  The  money  Kellogg  raised  for  some  purpose:  How 
the  visiting  statesmen  stood  by  the  members  of  the  Returning 
Board :  The  disgraceful  telegram  to  Tom  Anderson :  The  history 
of  the  trade  by  which  Hayes  was  finally  counted  in:  New  and 
interesting  facts  concerning  the  filibustering  in  the  House  of  Rep 
resentatives :  The  Wormley  Hotel  conference:  The  trial  and  con 
viction  of  Tom  Anderson  for  forgery. 


J.  MADISON  WELLS,  president  of  the  Returning  Board, 
was  removed  from  the  provisional  governorship  of  Louisi 
ana  by  General  Phil.  Sheridan  in  1867,  because  he  was  "  a 
political  trickster  and  a  dishonest "  man.  One  of  the 
serious  charges  Gen.  Sheridan  preferred  against  him  was  an 
attempt  to  dishonestly  finger  "  some  of  the  money  "  ap 
propriated  to  repair  the  ruined  levees.  The  legislature  had 
passed  two  bills,  one  creating  a  board  of  commissioners  to 
supervise  the  repairing  of  levees,  and  another  appropriating 
$4,000,000  to  defray  the  cost  of  the  same.  Having  passed 
these  bills  the  legislature  adjourned  before  the  governor 
had  approved  or  disapproved  the  bills.  Wells  approved 
the  one  appropriating  the  $4,000,000  but  did  not  sign  the 


A   DISHONEST   MAN.  215 

one  creating  the  board  to  expend  the  money.  He  made  a 
board  of  his  own  and  issued  some  of  the  bonds  provided 
for  in  the  bill  appropriating  the  money.  This  Gen.  Sher 
idan  properly  characterized  as  dishonest.  He  also  declared 
in  a  letter  written  to  Secretary  Stanton,  June  3,  1867,  as 
follows :  "  I  say  now,  unequivocally,  that  Governor  Wells 
is  a  political  trickster  and  a  dishonest  man.  I  have 
watched  him  and  his  conduct  has  been  as  sinuous  as  the 
mark  left  in  the  dust  by  the  movements  of  a  snake.  I  say 
again  he  is  dishonest." 

With  this  record  before  them  the  Republican  "  visiting 
statesmen  "  pronounce  the  following  general  commenda 
tion  on  Wells'  administration  of  Louisiana  which  General 
Sheridan  so  emphatically  condemned :  *  "  Under  the 
Banks  reconstruction  scheme  he  was  chosen  lieutenant- 
governor  on  the  ticket  with  the  honorable  Michael  Hahn, 
who  was  elected  governor,  and  upon  the  election  to  the 
Senate  of  the  latter,  a  year  after,  Mr.  Wells  became  gov 
ernor  of  the  State,  to  which  office  he  was  almost  unani 
mously  reelected  under  the  reconstruction  plan  of  Presi 
dent  Johnson.  His  experience  in  public  life  has  been 
great  and  varied,  and  his  capacity  to  discharge  the  duties 
assumed  cannot  be  questioned."  Not  a  word  about  his  re 
moval  by  General  Sheridan  because  of  his  general  dis 
honesty  and  his  unlawful  attempt  to  finger  "  some  of  the 
money  "  appropriated  for  the  repair  of  levees  ! 

Notwithstanding  the  certificate  of  good  character  which 
"  the  visiting  statesmen  "  gave  Wells  after  he,  in  connection 
with  Tom  Anderson  and  the  two  mulattoes,  had  performed 
the  rascally  work  of  counting-in  the  Hayes  electors  neither 
the  administration  at  Washington,  the  carpet-baggers  in 
Louisiana,  nor  John  Sherman  and  his  associates  felt  sure  of 

*  Senate  Ex.  Doc,  No.  2,  44th  Cong.,  2d  Sess.,  p.  6. 


216  A    POLITICAL    CRIME. 

the  Returning  Board  at  the  outset.  The  greed  of  Wells 
was  notorious  and  his  venality  a  matter  of  record.  He 
was  the  holder  of  a  large  amount  of  state  warrants  *  which 
were  worth  in  the  market  about  30  per  cent  of  their  face 
value.  Wells  insisted  that  these  must  be  cashed  at  their 
face  and  the  money  had  to  be  raised  for  that  purpose. 

At  the  same  time  the  Treasury  Department  at  Washing 
ton  sent  a  special  agent  post  haste  to  New  Orleans  osten 
sibly  to  procure  evidence  against  certain  cotton  claims  but 
really  to  watch  the  Returning  Board,  f  This  agent  of  the 

*  H.  R.  Mis.  Doc.  No.  31,45^1  Cong.  3d  Sess.  p.  1426. 

t  The  following  official  correspondence  shows  the  purpose  for  which 
the  government  agent  was  sent  to  New  Orleans,  and  also  that  he  was  im 
plicitly  trusted  by  high  officials. 
All  Official  Letters  to   this  Office  must  be  addressed  to  the  "  Commissioner 

of  Internal  Revenue,"  and  in   replying  to  Letters  from  this  Office  the 

marginal  initials  should  be  referred  to. 

TREASURY  DEPARTMENT, 

Office    of    Internal    Revenue, 
WASHINGTON,  Nov.  n,  1876. 

You  are  hereby  assigned  to  the  Revenue  Agents'  District  com 
prising  the  states  of  Louisiana,  Mississippi  and  Texas,  with  your  station 
address  at  New  Orleans. 

You  will  at  once  proceed  to  New  Orleans,  and  enter  upon  duty  in  the 
District  to  which  you  are  assigned. 

Respectfully, 

H.  C.  ROGERS, 

T       TT    .,  Acting  Corn-mis sioncr. 

Jos.  H.  Maddox,  Esq., 

Revenue  Agent, 
HEW  Washington,  D.  C. 

OFFICE  OF  COMMISSIONER  OF  CUSTOMS 

J.  H.  MADDOX.  ESQ..  WASH.NOTON,  D.  C..  Nov.'I4,  l876. 

Special  Agent  Int.  Rev., 

New  Orleans,  La. 
Dear  Sir. • 

****** 

I  understand  Gen.  Logan  did  not  go  to  N.  O.  as  requested 
by  the  President.  I  saw  Secretary  Chandler  yesterday  with  reference  to 
what  had  been  said  to  Collector  Casey  of  N.  O.  about  your  going  to  La.  to 
get  the  information  about  the  purposes  of  the  shot-gun  democracv  towards 
the  returning  board  of  that  State  and  he  said  he  had  no  special  instruc- 

It  is  apparent  that  the  dem's.  expect  to  prove  (?)  that  the  parishes  show- 


WELLS   IN   THE    MARKET.  2 IJ 

government  was  an  old  friend  of  Wells,  a  man  of  experi 
ence,  courage,  and  ability.  It  did  not  take  him  long 
to  ascertain  what  Wells  was  up  to.  The  man  "  the  visiting 
statesmen "  eulogized  in  their  report  to  President  Grant 
was  in  the  market.  He  wanted  to  serve  his  party  friends 
if  they  would  pay  therefor,  but  if  they  did  not  come  down 
according  to  his  notion  of  the  importance  and  value  of  his 
services  he  was  willing  to  sell  justice  to  his  enemies  and 
"  make  a  fair  count  of  the  votes  actually  cast." 

Inasmuch  as  Washington  was  the  headquarters  he 
thought  it  would  be  best  for  the  government  agent  to  pro 
ceed  there  forthwith  and  make  known  the  situation.  For 
that  purpose  Wells  gave  him  first  two  letters,  written  Nov. 


ing  majorities  for  them  have  held  fair  elections  and  those  opposed  to  them 
have  been  dishonestly  conducted.  I  would  suggest  that  their  plan  will  be 
to  hire  "  witnesses." 

If  you  can  get  into  their  confidence  and  obtain  proof  of  the  perjury, 
and  get  witnesses  from  their  own  ranks  you  will  do  an  invaluable  service 
and  entitle  yourself  to  the  gratitude  of  the  country.  It  may  be  possible  that 
the  controversy  will  be  brought  up  in  the  Senate,  and  in  that  case  your 
proofs  will  tell.  Another  point  was  just  suggested  to  me,  as  soon  as  they 
get  their  testimony  manufactured,  the  mob  of  high-toned  democrats  who 
are  therefrom  the  North,  at  the  suggestion  of  Congressman  Hewitt,  will  be 
gin  to  flood  the  North  with  telegrams,  giving  the  manufactured  evidence 
the  weight  of  their  respectability,  for  the  purpose  of  arousing  the  passions 
of  the  mob,  against  submission  to  the  final  result.  You  can  easily  ascer 
tain  this  fact  and  suggest  to  Packard  the  advantages  of  anticipating  their 
purpose  by  telegraphing  North,  an  exposure  of  this  purpose. 

You  need  make  no  reports  except  to  me,  and  when  in  your  judgment 
you  have  finished  the  duties  assigned  you  return  here  :  this  instruction  is 
given,  of  course,  on  the  assumption  that  you  have  no  other,  except  what 
were  based  on  my  note  of  the  nth  inst.  to  Gen.  Sewall. 

Write  often. 

Very  respectfully,  W.  B.  MOORE. 


OFFICE  COMMISSIONER  OF  CUSTOMS, 

WASHINGTON,  D.  C.,  Nov.  27,  1876. 
J.  H.  MADDOX,  ESQ., 

No.  137  Bienville  St.,  N,  O. 
My  Dear  Maddox  : 

I  enclose  copy  of  my  communication  to  Hon.  Secre 
tary  of  the  Treasury  dated  24th  inst.  in  which  I  ask  to  have  you  reimbursed 
tor  what  you  expect  to  pay  for  information.  You  can  prepare  your  vouchers 
in  accordance  with  the  reasons  set  forth  therein. 

I  called  upon  the  President  this  A.  M.  but  he  said  he  was  engaged  on 


218  A    POLITICAL    CRIME. 

20,  and  one  written  Nov.  21,  *  to  exhibit  to  those  most  con 
cerned.  The  two  first  differed  slightly.  One  was  a  gen 
eral  letter  of  credit  from  Wells  and  was  brief  and  to  the 
point.  It  ran  as  follows :  "  You  fully  understand  the  situ 
ation.  Can  you  not  advise  with  me  relative  thereto  ?" 
The  other,  intended  for  exhibition  to  Republican  leaders, 
was  more  obscure,  but  there  could  be  no  mistake  as  to  its 


his  message  and  would  rather  I  would  come  next  week.  My  object  was  to 
talk  of  the  S.  S.  Div.;  of  Judge  Griswold's  case,  and  other  matters  gener 
ally.  And  I  did  not  want  to  talk  under  circumstances  that  would  embar 
rass  me,  so,  I  suggested  the  delay  myself. 

You  have  heavy  responsibilities  on  your  shoulders  and  must  encourage 
the  board  to  perform  their  duties  manfully:  the  President's  assurances  to  us 
on  Friday  last,  guaranteeing  their  safety,  has  received  practical  confirma 
tion  of  his  purpose  to  act  in  his  order  of  this  morning  to  stand  by  Cham 
berlain  in  South  Carolina.  Let  me  hear  from  you  promptly. 

Yours  etc.,  W.  B.  MOORE. 

OFFICE  COMMISSIONER  OF  CUSTOMS, 

WASHINGTON,  D.  C.,  Nov.  17,  1876. 
JAS.  H.  MADDOX,  ESQ., 

Custom  House,  N.  O.,  La. 
My  Dear  Maddox  : 

I  have  seen  ex-Att'y-General  Williams  and  he  ap 
proves  the  suggestion  that  you  be  pressed  for  the  office  of  Chief  of  the 
Secret  Service  Division  of  the  Treasury.  I  have  not  yet  attempted  to  see 
President  Grant;  the  developments  in  the  Dept.  not  yet  having  culminated 
to  a  degree  that  would  justify  my  approaching  the  President  with  reference 
to  the  S.  S.  force. 

There  are  grave  reasons  developing  why  a  man  unquestionably  loyal 
to  the  President  should  be  at  the  head  of  that  bureau  ;  one  who  has  the  pene 
tration  to  see  the  purpose  of  the  traitors  who  are  attempting  to  count  Til- 
den  in  by  intimidation  and  brow-beating  the  Returning  Board  at  New 
Orleans,  and  the  courage  to  suppress  them  should  they  attempt  to  bring 
their  ku-klux  tactics  to  Washington,  should  the  controversy  be  transferred 
to  Congress. 

******* 

If  Louisiana  is  not  counted  for  Hayes  it  is  the  purpose  of  every  patriot 
to  urge  on  the  Senate  to  throw  out  every  state  in  the  South  where  there  is 
proof  of  intimidation.  This  will  effect  Miss.,  Georgia,  Alabama,  and  pos 
sibly  Texas. 

I  have  no  fears  of  a  conflict.  My  only  fear  is  that  there  will  be  none. 
The  bold  impudence  of  treason  that  now  seeks  to  censure  the  Republican 
party  for  wanting  to  keep  them  out  of  control  needs  another  flogging  and 
they' ought  to  be  accommodated. 

Direct  to  me  care  of  the  Commissioners  of  Customs. 
Very  truly, 

W.  B.  MOORE. 

*  H.  R.  Mis.  Doc.  No.  42,  44th  Cong.  2d  Sess.  p.  144.  131.  178,  180. 


"  MILLIONS    IN    IT."  2IQ 

real  meaning.  Wells  said :  "  Understanding  the  political 
condition  of  matters  here  from  association  with  both  po 
litical  parties,  and  a  friend  of  the  President  and  a  govern 
ment  officer,  would  it  not  be  considered  a  part  of  your  duty 
to  go  at  once  to  Washington  with  as  little  delay  as  pos 
sible,  and  place  before  the  President  the  condition  and  im 
pending  dangers  of  the  situation  ?  Should  you  conclude 
by  prompt  action  in  the  premises,  allow  me  to  commend 
you  to  Senator  West,  who  is  my  friend,  and  with  whom  I 
trust  you  will  freely  communicate." 

The  letter  of  November  21  was  addressed  to  Senator 
West,  and  was  to  be  handed  to  him  by  the  agent  of  the  gov 
ernment.  It  was  a  most  remarkable  letter  —  clumsily 
cloaking  the  real  designs  of  the  writer  in  awkward  and  faulty 
language  —  protesting  his  own  virtues,  but  to  one  like  West, 
who  understood  the  man,  it  in  effect  said  —  "  there's  mil 
lions  in  it ;  somebody  may  offer  me  my  price ;  the  faithful 
ought  to  be  rewarded ;  how  much  can  we  make  out  of  it  ? 
A  hint  to  the  wise.  You  know  how  it  is  yourself." 

Wells  knew  West  —  they  knew  each  other.  The  career 
of  both  will  long  be  remembered  in  Louisiana.  West  began 
his  career  as  a  supercargo  on  one  of  the  vessels  of  Zacharie 
&  Co.,  of  New  Orleans,  and  was  dismissed  for  dishonesty. 
He  left  New  Orleans  between  two  days,  and  brought  up  in 
California  where  he  barely  escaped  doing  that  state  some 
service  in  the  convict's  garb.  He  entered  the  Union  army 
and  became  a  colonel  of  cavalry.  At  the  close  of  the  war 
he  returned  to  New  Orleans  and  was  made  supervisor  of 
internal  revenue,  but  his  operations  in  California  becoming 
known,  Secretary  McCulloch  dismissed  him.  However,  he 
became  administrator  of  public  improvements  under  Gov 
ernor  Warmoth,  an  office  with  almost  unlimited  opportuni 
ties  for  plunder.  From  this  position  West  stepped  into  the 


220  A    POLITICAL    CRIME. 

United  States  Senate.  Senatorial  honors  in  those  days  went 
cheap  for  cash  in  Louisiana.*  Wells  knew  to  whom  he 
was  writing  when  he  penned  the  following  letter :  ** 

"NEW  ORLEANS,  La.,  Nov.  21,  1876. 

My  Dear  Senator :  I  regret  not  seeing  you  when  here :  I  wanted  to 
say  much  to  you  which  would  be  at  least  imprudent  to  put  on  paper.  I 
trust,  however,  to  meet  you  in  Washington  as  soon  as  the  canvass  is 
over  which  is  now  on  us.  Our  duties  as  returning  officers  have  aug 
mented  to  the  magnitude  of  the  destinies  of  the  two  great  parties ; 
may  I  not  say  the  nation  ? 

I  fully  comprehend  the  situation  as  well  as  my  duty  to  the  greatest 
living  General  —  U.  S.  Grant :  and  not  with  my  consent  shall  this  op 
pressed  people  be  governed  by  his  paroled  prisoners,  aided  by  their 
white-livered  cowards  of  the  North.  Let  me,  my  esteemed  sir,  warn 
you  of  the  danger. 

Millions  have  been  sent  here  and  will  be  used  in  the  interest  of 
Tilden,  and  unless  some  counter  move,  it  will  be  impossible  for  me  or 
any  other  individual  to  wrest  its  productive  results.  The  gentleman 
presenting  this  is  fully  aware  of  the  moves,  and  if  you  will  allow,  will 
communicate  freely.  See  our(  friends  and  act  promptly  or  results  will 
be  disastrous.  A  hint  to  the  wise.  Strictly  confidential. 
Yours  very  truly, 

J.  MADISON  WELLS." 

Armed  with  these  letters  the  agent  of  the  government 
came  to  Washington  and  called  upon  the  President  and  ex 
plained  the  situation  in  Louisiana. t  The  President  was 
impressed  with  its  gravity  and  sent  the  agent  to  see  Zach. 
Chandler,  giving  him  a  card  on  which  was  written : 

t  "  I  wish  the  Sec.  of  the  Int.  would  see  Mr.  Maddox  Spl.  agt,  of 
the  Treas.  who  has  just  returned  from  New  Orleans,  and  has  valuable 
information. 

U.  S  GRANT. 

Nov.  24th,  76." 

*  Tilden  and  Hendricks  Campaign  Text  Book,  1876,  p.  108. 
**  H.  R.  Mis.  Doc.  No.  42  Part  2,  44th  Cong.  2nd  Sess.  p.  180. 
t  Ibid,  p.  148,  155. 
t  See  fac-simile  of  this  card  in  Appendix. 


WANTED   TO   BE    BOUGHT.  221 

What  the  interview  with  Chandler  was  we  do  not 
know,  but  the  agent  subsequently  called  upon  Don.  Cam 
eron,  Secretary  of  War,  and  explained  to  him  that  Wells 
was  in  the  market  and  his  price  to  the  democrats  was  one 
million  dollars.* 

It  may  reasonably  be  presumed  that  Mr.  Cameron, 
with  his  long  experience  at  Harrisburg,  concluded  that  the 
democrats  would  not  pay  that  sum,  and  that  Wells  could 
be  satisfied  by  the  republicans  for  a  much  less  amount. 
At  any  rate  he  gave  the  agent  no  encouragement. 

Meeting  an  old  friend,  Col.  John  T.  Picket,  a  distin 
guished  ex-confederate,  then  living  in  Washington,  the 
agent  told  him  that  he  was  authorized  by  Wells,  in  the 
event  of  the  republicans  failing  to  appreciate  the  value  of 
his  services,  to  dispose  of  the  electoral  votes  of  Louisiana 
to  the  democrats  for  $1,000,000. 

Col.  Picket,  who  knew  the  character  of  the  Louisiana 
rogues,  believed  that  justice  might  be  bought,  but  could  be 
had  in  no  other  way.  He  felt  it  to  be  his  duty  to  lay  the 
proposition  before  the  National  Democratic  committee. 
He  accordingly  went  to  New  York  for  that  purpose,  and 
the  agent  of  the  government  communicated  with  Wells  by 
telegraphic  cipher  that  the  negotiation  was  in  progress  and 
to  "  hold  "  things. 

t  Col.  Picket  submitted  the  proposition  to  Hon.  Abram 
S.  Hewitt,  the  Chairman  of  the  National  Democratic  com 
mittee  who  unhesitatingly  and  indignantly  rejected  it. 

Aside  from  this  positive  proof  of  the  corruptibility  of 
Wells,  there  is  a  great  deal  of  indirect,  as  well  as  circum 
stantial  evidence,  to  prove  that  Wells  was  anxious  to  be 
bought. 

*  H.  R.  Mis.  Doc.  No.  42,  44th  Cong.  2d  Sess.  p.  148. 
t  Ibid,  p,  133. 


222  A    POLITICAL    CRIME. 

He  was  quite  willing,  as  the  testimony  of  Duncan  F. 
Kenner,*  of  New  Orleans,  shows  to  sell  the  returns  of  the 
Democratic  state  ticket  for  $200,000  but  would  not  agree 
to  "  count  the  votes  actually  cast "  for  the  Tilden  electors 
for  that  sum.  He  had,  at  his  own  request  two  or  three  in 
terviews  with  Mr.  Kenner,  on  the  subject  of  the  return  of 
the  Democratic  state  ticket  for  that  sum  of  money.  As 
will  appear  hereafter,  in  the  account  of  the  services  of  Jack 
Wharton  **  and  his  reward  therefor,  the  "  dickerings  "  of 
Wells  were  fully  known  to  Packard  and  other  carpet-bag 
gers  and  caused  great  uneasiness. 

There  is  evidence  tending  to  show  that  Kellogg  f  raised 
a  considerable  sum  of  money  in  New  Orleans  during  the 
progress  of  the  count  by  the  Returning  Board.  He  re 
lated  to  a  group  of  senators  in  one  of  the  cloak  rooms  of 
the  Senate  chamber,  in  the  presence  of  W.  E.  Curtis,  J  cor 
respondent  of  the  Chicago  Inter-Ocean,  the  circumstances 
connected  with  this  transaction  and  claimed  unequivocally 
that  the  money  was  used  to  secure  favorable  action  by  the 
Returning  Board.  Subsequently  Kellogg  claimed  that  the 
money  was  for  his  brother-in-law,  but  this  explanation  was 
a  very  lame  one  and  was  entirely  at  variance  with  the  story 
told  to  his  senatorial  friends. 

The  subsequent  command  which  Wells  and  Anderson 
exercised  over  the  Federal  patronage  of  Louisiana,  and  the 
subserviency  of  the  fraudulent  administration  to  them,  can 
not  be  explained  on  any  other  theory  than  that  the  former 
dictated  their  terms  and  compelled  adherence  thereto. 

The  purchasing  power  of  patronage  is  very  great. 
There  is  a  certain  dignity  connected  with  the  dispensing  of 

*  H.  R.  Mis.  Doc.  No.  42,  44th  Cong,  ad  Sess.  pp.  376-387. 
**  Page,  275  post. 

t  H.  R.  Mis.  Doc.  No.  31,  45th  Cong,  ad  Sess.  p.  666-7. 
t  Statement  of  Mr.  Curtis  to  the  author. 


THEY    WERE    REWARDED.  223 

the  favors  of  a  great  government  which  is  very  gratifying 
to  men  like  Wells  and  Anderson.  It  gave  them  an  impor 
tance  and  a  political  standing  which  money  would  not 
have  given  them.  Their  utter  depravity  and  insensibility 
to  shame  made  them,  to  a  large  extent,  regardless  of  public 
sentiment  and  they  would  have  sold  their  past  grievances 
and  along  therewith  the  return  of  the  Democratic  electors 
and  the  state  ticket  for  a  much  less  sum  than  their  asking 
price. 

One  hundred  thousand  dollars  a  piece,  with  "  a  sop  " 
for  "  the  two  niggers  "  *  as  Wells  termed  his  colored  asso 
ciates  of  the  Returning  Board,  would  have  been  thankfully 
accepted  by  Wells  and  Anderson.  All  they  wanted  was 
assurances  from  responsible  parties  that  the  money  would 
be  forthcoming  and  they  would  have  come  to  an  under 
standing  without  delay. 

Failing  to  get  assurances  which  Wells  deemed  satisfac 
tory  from  Kenner,  and  the  overtures  to  the  National  Dem 
ocratic  committee  being  spurned,  there  can  be  no  sort  of 
doubt  that  Wells  and  Anderson  made  the  best  terms  they 
could  with  "  the  visiting  statesmen  "  and  the  local  carpet 
bag  and  scallawag  capitalists. 

There  is  no  evidence  that  they  had  an  understanding 
with  "  the  visiting  statesmen  "  other  than  that  which  subse 
quent  developments  furnished.  Wells  and  Anderson  and 
their  relatives  were  rewarded  with  lucrative  and  command 
ing  Federal  offices.  When  the  members  of  the  Returning 
Board  were  indicted  by  the  grand  jury  of  New  Orleans  for 
the  forging  and  falsification  of  the  Vernon  parish  returns, 
John  Sherman,  James  A.  Garfield,  Stanley  Mathews, 
Eugene  Hale,  and  Harry  White,  all  "  visiting  statesmen," 
sent,  Feb.  4th,  1878,  to  Tom  Anderson,  who  was  then 

*  H.  R.  Mis.  Doc.  No.  42,  44th  Cong.  2d  Sess.  p.  145. 


224  A    POLITICAL    CRIME. 

being  tried  for,  and  who  was  three  days  later  convicted  by 
an  honest  jury  on  which  were  two  colored  men,  of  the 
crime  of  forgery,  the  following  dispatch  :  * 

"  The  undersigned  feel  it  due  to  you,  under  present  circum 
stances,  to  assure  you  of  our  unhesitating  belief  that  in  the  matter 
wherein  you  stand  charged,  you  are  altogether  guiltless  of  any  offense 
against  law;  that  you  are  falsely  accused  and  maliciously  prosecuted; 
that  the  proceedings  against  you,  though  in  the  form  of  law,  are  without 
the  substance  of  justice;  that  we,  hereby,  tender  our  earnest  sym 
pathies,  and  express  our  hope  that  the  sense  of  justice  and  love  of 
peace  of  the  people  of  Louisiana,  will  protect  you,  and  not  permit  the 
best  interests  of  the  whole  country  to  be  disturbed  by  a  revival  of  sec 
tional  animosities.  In  any  event  we  are  confident  that  the  American 
people  will  redress  any  injustice  of  which  you  may  be  the  victim." 

It  may  be  confidently  asserted  that  five  distinguished 
men  who  had  been  honored  by  their  fellow-citizens  never 
before,  in  the  history  of  the  English  speaking  people,  set 
their  "  signs  manual  "  to  so  infamous  a  paper ! 

Let  us  briefly  review  a  piece  of  antecedent  history  in 
connection  with  this  message  to  Anderson.  The  dem 
ocrats  of  the  House  of  Representatives  who  felt  deeply 
outraged  by  the  partisan  decisions  of  the  Electoral  Com 
mission  in  the  Florida  and  Louisiana  cases  organized  a  fil 
ibustering  movement  to  defeat  the  count  of  the  electoral 
votes.  It  was  deemed  a  revolutionary  movement  by  the 
more  moderate  Democratic  representatives,  who  felt  that 
their  agreement  to  the  Electoral  Commission  bill  bound 
them  to  accept  in  good  faith  the  result,  notwithstanding  the 
iniquitous  rulings  of  the  partisan  commissioners.  How 
ever,  their  sympathies  were  so  strongly  with  their  more  im 
petuous  brethren  that  it  only  required  a  manifest  and  il- 

*  N.  Y.   Sun,   Feb.  12,  1878. 


FILIBUSTERING.  22$ 

legal  ruling  of  the  President  of  the  Senate  during  the  open 
ing  of  the  returns  from  Vermont  to  carry  the  entire  Dem 
ocratic  majority  of  the  House  of  Representatives  over  to 
the  side  of  the  filibusters. 

The  House  of  Representatives  received  the  official  no 
tice  of  the  Electoral  Commission's  decision  in  the  Louisi 
ana  case  on  Feb.  17,  1877.  This  was  Saturday.  The  Re 
publican  plan  was  to  proceed  with  the  count  that  day  and 
night  till  the  next  state,  Oregon,  from  which  there  were 
duplicate  returns,  was  reached.  The  filibustering  move 
ment  began  by  the  democrats  voting  that  the  House  take 
a  recess  till  Monday,  Feb.  iQth. 

On  Monday  the  joint  meeting  was  resumed,  when  the 
protests  to  the  decision  of  the  Commission  were  presented 
and  read  and  the  Senate  withdrew,  and  thereupon  the 
House  took  a  recess  till  Tuesday,  Feb.  20.  The  debate 
on  the  Louisiana  decision  occurred  that  day.  It  was  now 
apparent  that  the  Democratic  majority  in  the  House  could 
defeat  the  count  by  persisting  in  its  filibustering.  But 
eleven  days  remained  in  which  it  could  be  completed. 
There  were  objections  to  particular  electoral  votes  from 
the  states  of  Michigan,  Nevada,  Pennsylvania,  Rhode 
Island,  and  Wisconsin,  and  duplicate  returns  from  Oregon, 
South  Carolina,  and,  it  was  claimed  by  the  democrats, 
from  Vermont  also. 

The  programme  of  the  filibusters  was  to  secure  one  day 
by  taking  a  recess  and  by  debate  on  each  of  the  states  of 
Michigan,  Nevada,  Pennsylvania,  Rhode  Island,  and  Wis 
consin.  This  would  consume  five  of  the  eleven  remaining 
days.  It  would  be  quite  easy  to  dispose  of  the  six  days 
left  with  Oregon,  South  Carolina,  and  Vermont  before  the 
Commission.  This  programme  was  faithfully  carried  out 
until  Vermont  was  reached,  Wednesday  evening,  Feb.  28th. 

15 


226  A    POLITICAL    CRIME. 

The  President  of  the  Senate  claimed  that  he  had  not  re 
ceived  two  returns  from  Vermont. 

The  democrats  insisted  that  two  had  been  sent.  Mr. 
Hewitt,  Chairman  of  the  National  Democratic  committee, 
had  received  a  duplicate  of  the  Democratic  return  by  mail, 
with  a  letter  which  stated  that  another  had  been  sent  to  the 
President  of  the  Senate.  On  Feb.  27,  Mr.  Hewitt  called 
upon  the  President  of  the  Senate  and  asked  him  if  he  had 
received  two  returns  from  Vermont.  Mr.  Ferry  replied 
that  he  had  not.  Mr.  Hewitt  asked  if  there  was  not  one 
addressed  to  him  in  the  Post-office,  and  Mr.  Ferry  said 
that  he  did  not  know ;  all  he  knew  was  that  he  had  not  re 
ceived  one  either  by  mail  or  messenger.  Thereupon  Mr. 
Hewitt  drew  from  his  pocket  the  return  from  Vermont  and 
tendered  it  to  President  Ferry  who  refused  to  receive  it, 
saying  that  Mr.  Hewitt  was  not  such  a  messenger  as  was 
contemplated  by  the  law,  and  that  the  tender  was  made 
too  late. 

In  the  joint  meeting  on  Feb.  28,  when  the  State  of  Ver 
mont  was  reached,  Mr.  Hewitt  made  a  statement  and  pre 
sented  the  package  purporting  to  be  a  return  from  that 
state.  The  presiding  officer,  the  President  of  the  Senate, 
refused  to  receive  it,  and  then  came  the  crucial  test. 

If  the  Democratic  majority  stood  firm  the  two  returns 
would  have  to  go  to  the  Commission,  or  the  count  would 
be  at  an  end.  If  they  went  there,  under  the  rules  of  that 
body,  the  democrats  could  easily  consume  the  remaining 
three  days.  After  a  short  struggle,  formal  objections  were 
presented  against  receiving  the  one  return  which  the  Presi 
dent  of  the  Senate  had  submitted,  and  the  two  Houses 
separated.  The  House  by  previous  unanimous  consent 
took  a  recess  till  10  o'clock  Thursday  morning,  March 
first.  On  that  day  the  memorable  contest  over  the 


CRISIS   OF   THE    COUNT.  22; 

vote  of  Vermont  began.  It  was  the  crisis  of  the  long 
struggle. 

Immediately  upon  the  reassembling  of  the  House  the 
point  was  made  that  there  was  not  a  quorum  present,  and 
two  roll  calls  were  gained  by  the  filibusters,  which,  with 
points  of  order  consumed  two  hours,  and  at  12  M.  a  new 
legislative  day  began.  It  was  opened  with  prayer,  and  the 
Speaker  directed  the  journal  of  the  previous  day  to  be  read. 
A  motion  to  suspend  the  rules  and  dispense  with  the  read 
ing  was  made  which  required  a  roll  call.  Then  followed  a 
wrangle  over  questions  of  privilege,  all  of  which  consumed 
time.  Finally  a  resolution  was  offered  requiring  the  Presi 
dent  of  the  Senate  to  receive  the  package  purporting  to 
contain  a  return  from  the  State  of  Vermont,  and  that  it  be, 
together  with  the  one  already  opened,  submitted  to  the 
Electoral  Commission,  and  declaring  that  until  this  was 
done  the  House  would  not  meet  the  Senate  to  proceed 
with  the  count. 

Before  this  resolution  was  voted  on,  inquiry  was  made 
for  the  package  which  Mr.  Hewitt  had  tendered  to  the 
President  of  the  Senate  in  the  joint  meeting  the  previous 
day.  This  led  to  a  startling  statement,  to  the  effect  that 
the  package  had  been  carried  off  by  the  Secretary  of  the 
Senate,  who  refused  to  deliver  it  up  on  the  ground  that  it 
was  the  private  property  of  Mr.  Ferry,  President  of  the 
Senate.  In  the  then  temper  of  the  House  this  was  like 
touching  a  lighted  match  to  a  train  of  powder. 

The  scene  that  ensued  was  indescribable.  The  floor 
was  crowded  by  senators  and  other  privileged  persons.  It 
seemed  impossible  for  the  Speaker  to  make  himself  heard. 
The  filibusters  had  up  to  this  point  been  losing  ground 
steadily  during  the  preceding  twenty-four  hours,  but  now 
the  tide  turned  in  their  favor,  and  it  seemed  impossible  that 


228  A    POLITICAL    CRIME. 

any  human  power  short  of  actual  violence  could  check 
it. 

Just  then  a  Senate  page  appeared  on  the  floor  of  the 
House  and  offered  the  package  to  Mr.  Hewitt  who  refused 
to  accept  it.  The  page  would  not  tell  where  he  had  received 
it,  or  who  had  sent  him  on  his  errand.  The  debate  on  the 
resolution  above  referred  to  proceeded  and  despite  the 
efforts  of  the  republicans  to  save  themselves  from  the  mis 
take  made  by  the  Secretary  of  the  Senate  in  carrying  off  the 
package,  the  filibusters  nearly  carried  the  day.  The  reso 
lution  was  lost  by  thirty-two  votes.  How  this  majority  of 
thirty-two  was  obtained  is  not  only  interesting  but  bears 
directly  upon  the  telegram  above  quoted  from  Sherman  and 
others  to  Anderson. 

The  representatives  of  the  Nichols  government  in 
Louisiana  had,  as  far  back  as  February  the  i6th,  the  date 
of  the  decision  of  the  Electoral  Commission  in  the  Louisi 
ana  case,  been  endeavoring  to  secure  some  pledges  from 
the  friends  of  Hayes  that  if  he  was  counted  in  the  republi 
cans  of  Louisiana  and  South  Carolina  would  be  aban 
doned.  Stanley  Mathews,  ex-Governor  Dennison,  Charles 
Foster,  and  Lieutenant-Governor  Young  of  Ohio  were 
quite  willing  to  give  any  pledges  or  promises  to  that  effect, 
and  Stanley  Mathews  a  few  days  later  wrote  a  letter  to 
Packard  foreshadowing  the  course  of  Hayes  if  he  became 
President,  a  copy  of  which  was  shown  to  prominent  South 
ern  democrats. 

But  these  assurances  coming  from  the  personal  repre 
sentatives  of  Hayes  were  not  considered  sufficient  unless 
John  Sherman  and  James  A.  Garfield  joined  in  them.  In 
asmuch  as  they  appeared  reluctant  to  join  in  the  ar 
rangement,  the  Southern  democrats,  rallied  by  the  represen 
tatives  of  Nichols  and  Hampton,  entered  heartily  and  solidly 


BURKE'S   TESTIMONY.  229 

into  the  filibustering  movement.  Major  E.  A.  Burke  testified 
before  the  Potter  committee  in  1878  that  notice  was  served 
on  the  friends  of  Hayes  that  unless  the  leading  and  promi 
nent  Republican  leaders  like  Sherman  and  Garfield  were 
brought  to  join  in  the  pledges  the  electoral  count  would  be 
defeated.* 

The  action  of  the  House  on  Saturday  February  17,  in 
taking  a  recess  till  Monday,  the  iQth,  and  in  taking  a  further 
recess  that  day  till  Tuesday,  the  2oth,  brought  Sherman  and 
Garfield  to  a  condition  of  mind  in  which  they  were  willing 
to  discuss  terms  with  Major  Burke,  and  Representatives 
Ellis  and  Gibson  of  Louisiana,  and  Senator  Gordon  of 
Georgia  who  represented  Wade  Hampton  of  South 
Carolina. 

On  the  2oth  Senator  Lamar  of  Mississippi  was  told  that 
Mathews  and  Foster  would  both  agree  on  behalf  of  Hayes 
that  Packard  should  be  abandoned  if  he  was  counted  in. 
This  Lamar  communicated  to  Ellis  in  writing  t  and  that 
same  day  Mathews  and  Dennison  came  to  Burke,  Ellis,  and 
Gibson  and  proposed  an  interview  with  Sherman  in  the 
Senate  finance  committee  room.  Previous  to  this  Mathews 
and  Burke  had  agreed  upon  a  memorandum  of  points  which 
the  Nichols  government  would  guarantee  if  it  was  recog 
nized  by  the  Hayes  administration  provided  it  was  allowed 
to  come  in. 

Among  other  things  was  the  following:  f  "  Desirous  of 
healing  the  dissensions  that  have  disturbed  the  State  for 
years  past,  and  anxious  that  the  citizens  of  all  political 
parties  may  be  free  from  the  feverish  anxieties  of  political 
strife  to  join  hands  in  honestly  restoring  the  prosperity  of 

*  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  3d  Sess.  p.  971. 
t  Ibid.  p.  973. 
+  Ibid,  p.  1037. 


230  A    POLITICAL    CRIME. 

Louisiana,  the  Nichols  government  will  not  engage  in  the 
persecution  of  individuals  for  past  political  conduct,  but  do 
not  assume  to  grant  immunity  for  crime."  At  the  meeting 
with  Sherman  this  memorandum  was  submitted  to  him  and 
explained.  He  evidently  did  not  like  the  last  clause  —  "  but 
do  not  assume  to  grant  immunity  for  crime." 

However,  a  conference  was  arranged  to  be  held  at  Mr. 
Mathews'  rooms  at  Wormley's  Hotel*  which  took  place  on 
the  night  of  the  26th  of  February.  There  were  present 
Sherman,  Garfield,  Foster,  Dennison,  and  Mathews  on  the 
part  of  the  republicans,  and  Burke,  Ellis,  Levy,  and  Watter- 
son  on  the  part  of  Southern  democrats.  The  latter  guar 
anteed  that  the  memorandum  submitted  to  Mathews  should 
guide  the  conduct  of  the  Nichols  government  and  the 
former  pledged  Hayes  to  recognize  the  Nichols  govern 
ment. 

The  agreement  was  reached  on  the  night  of  the  26th,* 
but  after  that  the  filibustering  in  the  House  continued  and 
the  Southern  democrats  did  not  desert  their  Northern 
brethren  till  March  the  first  when  the  test  vote  came  on  the 
resolution  to  compel  the  President  of  the  Senate  to  receive 
and  lay  before  the  joint  meeting  of  the  two  Houses  the 
alleged  return  from  Vermont. 

What  transpired  between  the  night  of  the  twenty-sixth 
of  February  and  March  first,  we  do  not  certainly  know. 
But  the  impression  very  generally  prevailed  then,  and  has 
not  been  abandoned  since  by  well-informed  persons,  that 
there  was  a  formal  ratification  of  the  agreement  reached  at 
the  Wormley  Hotel  Conference  by  Mr.  Hayes  in  writing 
and  that  a  more  definite  pledge  was  made  on  the  part  of  the 
representatives  of  Nichols  that  the  members  of  the  Louisi 
ana  Returning  Board  should  not  be  prosecuted. 

*  H.  R.  Mis.   Doc.  No.  31,  45th  Cong.  $d  Sess.  p.  980. 


HAYES'    PLEDGES.  231 

Of  course,  if  such  an  understanding  was  reached  and 
put  in  writing  all  the  parties  to  it  would  have  the  most 
powerful  motives  for  concealing  the  fact.  It  would,  if  it 
could  have  been  proved,  have  been  sufficient  to  secure  the 
impeachment  of  Hayes.  It  would  on  the  other  hand  have 
damned  politically  the  democrats  who  entered  into  it.  No  one 
of  the  parties  thereto  could  have  survived  the  disclosure  of 
such  a  deliberate  bargain  and  purchase  and  sale  of  the 
Presidency. 

There  was  just  about  time — two  days — for  a  messenger 
to  have  gone  from  Washington  to  Columbus  and  returned. 
At  any  rate  during  the  roll  call  on  the  resolution  aforesaid 
Burke,  Ellis,  and  Levy  were  active  on  the  floor  of  the 
House  in  securing  votes  against  it.  Burke  came  to  Mr. 
Springer  of  Illinois  who  was  active  in  the  filibustering 
movement  and  urged  him  to  desist,  assuring  him  that  they, 
the  representatives  of  Nichols  and  Hampton,  had  "  in  black 
and  white  "  assurances  from  Hayes  that  he  would  abandon 
Chamberlain  and  Packard. 

Mr.  Levy  of  Louisiana  came  to  Mr.  Hewitt  and  urged 
him  to  exert  himself  to  stop  the  filibustering.  Mr.  Foster 
of  Ohio  was  rushing  about  the  floor  of  the  House  like  a 
wild  man  importuning  democrats  to  vote  against  the  resolu 
tion.  He  urged  Mr.  Hewitt  to  see  Speaker  Randall  and 
appeal  to  him  to  exert  himself  in  the  same  direction.  The 
combined  efforts  were  sufficient  to  defeat  the  resolution, 
but  the  filibusters  were  still  formidable,  and  it  was  not  till 
4  o'clock  Friday  morning,  March  2,  that  the  count  was 
finally  completed  and  Hayes  and  Wheeler  declared  to  be 
President  and  Vice-President  of  the  United  States. 

Returning  to  the  telegram  of  February  4,  1878,  to  An 
derson  and  comparing  it  with  the  memorandum  agreed 
upon  at  the  Wormley  Hotel  conference  we  will  see  that  the 


232  A    POLITICAL    CRIME. 

senders  of  the  former  had  the  latter  in  their  mind.  The 
"hope  "  that  they  expressed  therein,  "  that  the  sense  of  jus 
tice  and  love  of  peace  of  the  people  of  Louisiana,  will  pro 
tect  you,  and  not  permit  the  best  interest  of  the  whole 
country  to  be  disturbed  by  a  revival  of  sectional  animosi 
ties,"  was  not  only  a  reference  to  the  agreement  aforesaid 
but  was  intended  to  remind  the  Nichols  government  of  its 
pledges. 

The  dispatch  was  sent  just  before  the  case  against  An 
derson  was  submitted  to  the  jury  and  was  undoubtedly 
intended  to  have  an  effect  on  the  jurors.  There  was  a 
covert  threat  in  it  —  to  wit  —  that  Anderson's  conviction 
would  cause  "  a  revival  of  sectional  animosities."  But  not 
content  with  sending  this  telegram  they  caused  Hayes  to 
instruct  the  Attorney-general  to  make  application  to  Justice 
Bradley  for  the  interference  of  the  United  States  Court, 
Bradley  being  the  justice  assigned  to  that  circuit.  This  was 
abandoned,  however,  for  reasons  which  have  never  been 
made  known. 

The  Supreme  Court  of  the  state,  as  will  appear  more 
fully  hereafter,  found  a  way  to  let  Anderson  out  of  jail. 
Wells,  just  as  soon  as  he  learned  that  criminal  proceedings 
were  to  be  commenced  fled  from  New  Orleans,  and 
remained  in  hiding  until  the  Supreme  Court  set  Anderson 
at  liberty. 

As  "  recognition  "  of  his  services,  Wells  was  allowed  to 
hold  the  office  of  surveyor  of  the  port  of  New  Orleans 
from  1879  to  1882  and  to  receive  in  salary  during  that  time 
$21,000,  while  his  sons  drew  almost  an  equal  amount  from 
the  Federal  treasury. 

Thomas  C.  Anderson,  member  of  the  Returning  Board, 
was  likewise  a  man  of  bad  repute.  He  had  engineered 
through  the  legislature,  while  he  was  a  State  Senator,  during 


TOM.    ANDERSON.  233 

the  reign  of  corruption  under  Warmoth,  a  bill  to  pay  the 
claim  of  one  Weil,  for  supplies,  alleged  to  have  been  fur 
nished  the  State  of  Louisiana,  in  Confederate  times.  It  was 
barred  by  the  amendment  of  the  Constitution  of  the  United 
States  as  well  as  by  the  provisions  of  the  constitution  of 
Louisiana,  but  these  provisions  were  of  small  moment  to  a 
carpet-bag  and  scallawag  legislature  when  the  job  was  suf 
ficiently  large  to  afford  a  liberal  commission. 

After  the  bill  passed,  and  the  claim  was  paid,  Anderson 
was  found  to  be  the  owner  of  it,  and  to  have  received  the 
proceeds  tess  the  "  divies  "  necessary  to  secure  the  votes  to 
pass  the  bill.  Anderson  was  made  deputy-collector  of  the 
port  of  New  Orleans  in  "  recognition "  of  his  services, 
August  27,  1877,  and  held  the  same  until  he  was  succeeded, 
July  2,  1885,  by  Hon.  B.  F.  Jonas,  who  was  appointed 
collector  of  the  port  of  New  Orleans,  July  i,  1885.  During 
the  seven  years,  ten  months,  and  six  days  Anderson  held 
office  for  his  services  in  1876,  in  counting  in  the  Hayes 
electors,  he  drew  from  the  Federal  treasury  salary  amount 
ing  to  $22,500. 

During  the  June  term  of  the  Superior  Criminal  Court 
for  the  parish  of  Orleans,  State  of  Louisiana,  in  1877,  the 
grand  jury,  after  a  full  and  careful  examination,  directed  the 
district  attorney  of  the  first  judicial  district  to  file  an  in 
formation  against,  J.  Madison  Wells,  Thomas  C.  Anderson, 
Louis  M.  Kenner,  and  Gadane  Cassannave  for  falsely  and 
feloniously  uttering  and  publishing  as  true  a  certain  altered, 
false,  forged,  and  counterfeited  public  record  —  to  wit,  the 
consolidated  statement  of  votes,  parish  of  Vernon,  made  by 
the  supervisor  of  registration  for  said  parish,  whereby 
falsely  and  feloniously  178  votes  were  added  to  the  num 
ber  of  votes  actually  cast  for  the  Republican  electors, 
and  395  votes  were  deducted  from  the  number  of  votes 


234  A    POLITICAL    CRIME. 

actually  cast  for  the  Democratic  electors  by  the  voters  of 
said  parish.* 

In  pursuance  of  the  order  by  the  grand  jury  the  district 
attorney,  by  direction  of  the  court,  filed  the  information. 
Thereupon  J.  Madison  Wells  fled  from  the  city  of  New 
Orleans  and  hid  in  the  swamps  northeast  of  the  city.  And 
when  the  sheriff  of  New  Orleans  attempted  to  serve  the 
writ  of  arrest  on  Thomas  C.  Anderson  in  the  custom 
house  on  the  25th  and  26th  of  January,  1878,  he  was  first 
obstructed  and  then  arrested  by  the  United  States  marshal 
on  a  charge  of  attempting  to  injure  property  belonging  to 
the  United  States. 

A  force  of  marines  from  a  United  States  revenue  cutter 
were  stationed  in  the  custom  house,  and  all  the  doors 
leading  to  the  rooms  in  which  Anderson  had  taken  refuge 
were  barred,  and  United  States  deputy  marshals  were 
posted  in  front  thereof.  Upon  the  sheriff  attempting  to 
force  his  way  into  one  of  the  ante-rooms  a  deputy  marshal 
arrested  him  and  carried  him  before  Judge  Billings  of  the 
United  States  District  Court  who  declined  to  take  cogni 
zance  of  the  case,  whereupon  the  sheriff  was  taken  before 
a  United  States  commissioner  who,  upon  an  affidavit  made 
by  the  chief  clerk  of  the  custom  house,  held  him  in  recog 
nizance  for  his  appearance  thereafter. 

Two  days  later  the  United  States  District  Attorney  in 
formed  the  sheriff  that  orders  had  been  received  from 
Washington  to  allow  the  warrant  of  arrest  to  be  served  on 
Anderson.  The  fraudulent  administration  upon  reflection 
thought  it  would  not  be  prudent  to  obstruct  the  course  of 
justice  in  Louisiana.  Public  sentiment  was  not  favorable 
to  the  exercise  of  such  unconstitutional  authority.  Ander- 

*  "Report  of  trial  of  Thos.  C.  Anderson,"  New  Orleans,  1878,  au 
thority  for  all  statements  concerning  that  occurrence. 


FORGERY    ADMITTED.  235 

son,  Kenner,  and  Cassannave  were  arrested  in  the  office  of 
the  collector  of  customs  on  the  28th  of  January,  1878,  and 
brought  into  court,  and  upon  motion  of  the  Attorney-gen 
eral  of  the  state  a  severance  was  had  and  the  trial  of  Ander 
son  proceeded.  Kenner  and  Cassannave  were  held  in  bail 
in  the  sum  of  $5,000  each.  Wells  still  remained  in  hiding. 

The  trial  of  Anderson  lasted  until  February  7th  when 
the  jury  brought  in  a  verdict  of  guilty  with  a  recommenda 
tion  to  mercy.  A  motion  for  a  new  trial  was  made  and 
hearing  had  thereon,  but  it  was  overruled  and  Anderson 
was  sentenced  to  two  years  at  hard  labor  in  the  State  peni 
tentiary  and  to  pay  the  costs  of  prosecution. 

The  trial  was  a  perfectly  fair  one.  The  accused  was 
defended  by  the  first  criminal  lawyer  of  the  state,  Hon.  H. 
C.  Castellanos,  a  democrat,  assisted  by  E.  North  Cullom 
and  John  Ray.  The  defense  did  not  claim  that  there  had 
not  been  an  alteration,  forgery,  and  falsification  of  the  con 
solidated  statement  of  votes  for  the  parish  of  Vernon,  but 
claimed  that  it  was  not  a  public  record  within  the  meaning 
of  the  law;  that  the  only  public  and  true  record  of  the 
election  held  in  Vernon  parish  on  the  7th  of  November 
1876  were  the  returns  of  the  commissioners  of  the  election 
at  the  divers  polls  in  the  said  parish.  It  was  also  claimed 
that,  while  the  consolidated  statement  of  votes  had  been 
altered  and  forged  and  falsified,  there  was  no  proof  of  An 
derson's  connection  therewith. 

It  was,  however,  clearly  proved  that  Anderson  was 
present  at  the  session  of  the  Returning  Board,  November 
24,  1876,  when  the  returns  from  Vernon  parish  were 
opened;  that  the  consolidated  statement  showed  that  two 
of  the  Republican  electors  received  no  votes  and  the  rest 
only  two  votes  each,  while  the  Democratic  electors  received 
647  votes  each ;  that  there  were  no  allegations  before  the 


236  A    POLITICAL    CRIME. 

board  of  fraud  or  intimidation  affecting  the  vote  of  this 
parish.  The  original  consolidated  statement  then  before  the 
board  giving  the  vote,  as  above,  was  marked  by  one  of  the 
Democratic  lawyers  and  it  was  produced  by  the  proper 
custodian  on  the  trial,  identified  by  these  marks,  and  it 
showed  that  the  alterations  had  been  made  by  adding  178 
votes  to  the  votes  for  Republican  electors  and  by  deducting 
395  from  the  votes  of  the  Democratic  electors.  The 
official  vote  as  promulgated  by  the  Returning  Board  on 
December  6,  1876,  showed  that  these  additions  and  sub 
tractions  had  been  made  in  the  vote  of  Vernon  parish. 
The  burden  of  proof  was,  therefore,  upon  Anderson  to  show 
that  he  was  not  a  party  to  this  alteration,  forgery,  and  falsi 
fication,  of  the  record  which  had  been  made  by  the  mem 
bers  of  the  Returning  Board.  This  the  defense  utterly 
failed  to  do. 

It  was,  moreover,  proved,  and  not  contradicted,  that 
other  records  had  been  tampered  with,  altered,  and  falsi 
fied,  by  the  Returning  Board  during  the  progress  of  the 
count,  notably  in  the  cases  of  the  returns  from  De  Soto  and 
Ouachita  parishes.  The  judge  who  presided  at  the  trial 
was  eminently  fair  and  impartial  in  his  rulings,  and  no  ex 
ceptions  were  taken  to  his  charge  to  the  jury.  There  were 
two  colored  men  on  the  jury. 

The  case  being  carried  up  to  the  Supreme  Court  it  was 
held  that  the  point  made  by  the  defense,  viz.:  that  the  con 
solidated  statement  made  by  the  supervisor  of  registration 
was  not  the  election  return  contemplated  by  the  constitu 
tion  and,  therefore,  the  alteration  of  the  same  was  not  the 
forgery  and  falsification  of  a  legal  record. 

This  decision  was  applauded  by  the  Republican  press 
of  the  entire  North.  It  was  a  consistent  and  just  decision, 
and  in  harmony  with  the  judgment  of  the  United  States 


HAYES    PAYS    CASH. 


Senate  which  held  in  1875  with  Senator  Edmunds  that  the 
election  law  of  Louisiana  was  unconstitutional  because  it 
was  not  in  accordance  with  section  48  of  the  constitution 
of  the  state.  Article  48  makes  the  commissioners  of  elec 
tions  the  returning  officers.  Therefore  the  Returning  Board 
was  an  unconstitutional  body. 

Anderson  was  made  deputy  collector  of  the  port  of 
New  Orleans  in  "recognition"  of  his  services,  August  27, 
1877,  and  held  the  same  till  July  i,  1885  —  receiving  dur 
ing  his  seven  years,  ten  months,  and  six  days  term  $22,500  ! 

Louis  M.  Kenner,  mulatto  member  of  the  Returning 
Board,  was  made  deputy  naval  officer  of  the  port  of  New 
Orleans  July  24,  1877,  and  held  the  place  till  January  9, 
1882,  when  Kellogg  secured  it  for  one  of  his  creatures  who 
had  rendered  him  more  recent  service  in  the  Spofford- 
Kellogg  contest.  However,  Kenner  had  been  in  the 
receipt  of  $2,500  per  annum  for  four  years  and  nearly  six 
months  —  a  total  of  $10,937  ! 

Gadane  Cassannave,  the  other  mulatto  member  of  the 
Returning  Board,  nearly  three  years  after  the  great  fraud 
had  been  consummated,  thought  he  had  cause  of  serious 
complaint  against  the  administration  he  had  helped  to  make. 
It  happened  in  this  way  —  the  lawyers,  who  defended  the 
members  of  the  board  in  the  criminal  proceedings  instituted 
by  the  state  for  the  forgery  of  the  Vernon  parish  return, 
obtained  a  judgment  against  them  for  their  fees,  and  upon 
execution  issuing,  Cassannave  was  the  only  one  found  with 
property,  neither  Wells,  nor  Anderson,  nor  Kenner  having 
anything  in  the  parish  of  Orleans  upon  which  the  sheriff 
could  levy. 

Cassannave  was  an  undertaker  and  his  outfit  was  seized, 
and  was  about  to  be  sold,  whereupon  he  came  to  Washing 
ton  and  demanded  relief.  After  some  delay  the  money  was 


238  A    POLITICAL    CRIME. 

furnished  through  Shellabarger  &  Wilson,  the  private  coun 
sel  of  Hayes  and  Sherman. 

At  that  time  Cassannave  stated  that  he  had  not  desired 
office  for  himself,  and  that  his  brother  St.  Felix  Cassannave 
who  held  a  position  in  the  custom  house  obtained  the 
same  without  his  interference.  On  the  other  hand  he  asserted 
that  Wells,  Anderson,  and  Kenner  had  a  great  many 
of  their  relatives  in  the  custom  house.  The  following  was 
the  list  he  gave  *  :  C.  B.  Anderson,  son  of  T.  C.  Anderson, 
clerk,  salary  $1,400;  Ben.  Bloomfield,  Anderson's  son's 
father-in-law,  auditor,  salary  $2,500;  Geo.  L.  Bloomfield, 
brother-in-law  of  C.  B.  Anderson,  clerk  $1,200;  Alex. 
Wells,  son  of  J.  Madison  Wells,  deputy  surveyor,  salary 
$2,500;  S.  S.  Wells,  another  son,  salary  $1,800;  R.  B. 
Rodenson,  son-in-law,  salary  $1,600;  Alex.  Kenner, 
brother  of  Louis  M.  Kenner,  clerk,  salary  $1,600;  Richard 
Kenner,  another  brother,  laborer,  salary  $600. 

Cassannave  came  to  Washington  in  no  amiable  mood  and 
served  notice  on  Mr.  Shellabarger,  the  legal  representa 
tive  of  Hayes,  that  unless  something  was  done  forthwith  he 
"  would  expose  the  whole  matter  of  the  Returning  Board 
proceedings  and  go  home  and  pocket  the  loss."  He  was 
advised  by  that  gentleman  not  to  be  too  hasty,  and  to  set 
out  his  case  in  full  in  a  letter  to  the  President,  which  was 
done  for  Cassannave  by  his  attorney,  J.  Hale  Sypher, 
late  carpet-bag  statesman  from  Louisiana,  now  residing  in 
Washington,  D.  C.*  On  the  ;th  of  August  the  letter 
was  delivered  to  Hayes  and  Sherman,  and  on  the  i5th  the 
money  was  telegraphed  to  New  Orleans  to  stop  the  sale  of 
Casannave's  effects  by  the  sheriff. 

The  letter  of  Cassannave  to  Mr.  Hayes,  which  brought 
a  prompt  response  in  the  shape  of  the  required  amount  of 

*  N.  Y.  World.  Aug.  19,  1879. 


DARED    NOT    REFUSE.  239 

money,  pointed  out  the  propriety  of  making  Wells,  Ander 
son,  and  Kenner  bear  the  costs  of  the  prosecution.  They 
had  reaped  the  benefits  of  the  work  of  the  Returning 
Board  —  were  in  the  enjoyment  of  lucrative  offices  be 
stowed  upon  them  by  the  chief  beneficiary  of  the  Louisi 
ana  frauds.  But  the  fraudulent  administration  did  not  dare 
to  make  Wells,  Anderson,  and  Kenner  meet  their  obliga 
tions.  On  the  contrary  it  recognized  the  claim  of  Anderson 
that  the  fees  of  the  lawyers  who  had  defended  the  members 
of  the  Returning  Board  ought  to  be  paid  out  of  "  funds  to 
be  sent  from  Washington."  John  Sherman  it  seems  from 
Cassannave's  letter  was  willing  to  recognize  the  justice  of 
Anderson's  claim  to  the  extent  of  $100 — which  Cassannave 
thought,  and  very  properly,  was  an  exhibition  of  meanness 
unbecoming  "  the  great  Finance  Minister  of  our  govern 
ment."  Whether  all  the  money  required  by  Cassannave  was 
made  up  by  "  assessments  "  on  the  members  of  the  cabinet, 
or  came  out  of  Mr.  Hayes'  salary  is  not  known.* 

*  "  WASHINGTON,  D.  C.  Aug.  7,  1879. 
Mr.  President: 

I  have  the  honor  to  invite  your  attention  to  the  following 
facts,  upon  which  I  respectfully  solicit  such  relief  as  you  may  be  able  to 
offer  me.  In  1872  I  was  elected  by  the  senate  of  Louisiana  a  member  of 
the  Returning  Board  of  that  state.  I  did  not  desire  nor  solicit  the  office,  and 
I  accepted  it  with  great  reluctance.  In  1876  the  grave  and  responsible  duty 
of  determining  the  result  of  the  election  for  President  of  the  United  States 
devolved  upon  that  board.  Its  deliberations  were  watched  with  profound 
solicitude  by  the  whole  country,  while  the  leaders  of  the  two  great  political 
parties  hovered  around  it  awaiting  the  result  of  its  deliberations  with  that 
intense  anxiety  only  known  to  expectants  of  the  spoils  of  public  office.  The 
board  found  for  the  republicans,  and  the  democrats,  disappointed  and 
chagrined,  at  once  commenced  criminal  proceedings  against  its  members. 
Counsel  were  employed  to  defend  for  a  stipulated  fee  of  $5,000,  which  Mr. 
T.  C.  Anderson  assured  me  would  be  paid  out  of  funds  to  be  sent  from 
Washington. 

At  the  conclusion  of  the  prosecution  counsel  demanded  their  fee,  which 
not  being  paid  they  instituted  suit,  and  after  a  hearing  in  court,  obtained 
judgment  against  all  the  members  of  the  board.  A  writ  fieri  facias,  copy 
herewith  inclosed,  issued,  directing  the  sheriff  to  seize  and  sell  sufficient 
property  of  defendants  to  satisfy  the  judgment  of  $5,000  less  $1,875,  The 
sheriff  finding  no  property  belonging  to  Anderson,  Wells,  and  Kenner, 
seized  my  property  and  now  holds  the  same  subject  to  sale  under  his  writ. 
If  my  property  is  sacrificed  under  that  execution  it  will  render  me  bank- 


240  A    POLITICAL    CRIME. 

A.  C.  Wells,  son  of  J.  Madison  Wells,  was  appointed 
deputy  surveyor  of  the  port  of  New  Orleans,  Sept.  28, 
1876,  salary  $2,500  a  year.  He  held  the  office  five  years, 
three  months  and  six  days,  receiving  during  that  time, 
$13,125. 

Samuel  S.  Wells,  son  of  J.  Madison  Wells,  held  a  place 


rupt.  I  am  a  poor  man  and  am  unable  to  sustain  such  a  loss.  I  have  al 
ways  assumed  a  full  share  of  the  responsibility  attaching  to  the  official  acts 
of  the  Returning  Board,  although  I  have  never  enjoyed  any  of  the  fruits 
resulting  from  its  findings,  and  in  this  connection  I  respectfully  remind  you 
that  I  hold  no  office  under  your  administration  and  have  derived  no  pecu 
niary  benefits  whatsoever  therefrom.  But,  on  the  contrary,  I  have  sustained 
considerable  loss  in  my  business  on  account  of  my  identity  with  the  board. 
Messrs.  Anderson,  Wells,  and  Kenner,  the  other  three  members  and  their 
numerous  family  connections  are  enjoying  lucrative  positions  in  the  employ 
of  the  government. 

I  protest  against  being  mulcted  for  the  cost  of  the  criminal  proceed 
ings  against  the  Returning  Board  while  others  enjoy  the  honor  and  emolu 
ments  resulting  from  its  decision.  It  is  neither  just  nor  honorable  to  im 
pose  this  heavy  burden  upon  me.  It  would  be  more  becoming  the  bene 
ficiaries  of  our  acts  to  discharged  this  debt.  Upon  my  arrival  in  Washington 
two  weeks  ago,  I  was  assured  upon  the  promise  of  Assistant  Secretary 
Hawley  that  the  amount  required  to  satisfy  the  judgment  would  be  raised 
as  soon  as  the  Secretary  returned.  I  called  upon  Mr.  Sherman  yesterday 
and  he  proffered  me  $100  as  the  only  relief  he  could  offer  me,  which  I  was 
compelled  to  decline  out  of  respect  for  the  great  Finance  Minister  of  our 
government.  I  expect  to  take  my  departure  for  Louisiana  in  a  few  days, 
and  if  any  arrangement  can  be  made  of  this  matter  to  offer  me  relief,  to 
which,  under  these  circumstances,  I  believe  I  am  justly  and  honorably  en 
titled,  I  will  be  under  obligations  to  those  through  whose  influence  it  may 
be  accomplished. 

I  am  very  respectfully, 

G.  CASSANNAVE. 
Hon.  John  Sherman,  Secretary  of  the  Treasury : 

DEAR  SIR  :  I  herewith  inclose  you  a  copy  of  an  unofficial  letter  ad 
dressed  to  the  President, 

Very  respectfully, 

G.  CASSANNAVE. 
Washington,  D.  C.,  Aug.  7,  1879. 

WASHINGTON,  D.  C.,  Aug.  13,  1879. 
E.  North  Cullom,  Exchange  Alley,  Custom  House  Street,  New  Orleans: 

Should  we  send  $1,000  more  on  Returning  Board  judgment  will  you 
give  reasonable  time  for  balance. 

SHELLABARGER  &  WILSON. 

NEW  ORLEANS,  La.,  Aug.  13,  1879. 
Messrs.  Shellabarger  <5r>  Wilson,  Washington,  D.  C.  : 

If  you  will  send  me  $250  more  making  a  total  of  $i,75oand  Cassannave 
will  give  security  not  to  dispose  of  his  property  I  will  wait  till  January  i. 

E.  NORTH  CULLOM. 


A    SPECIMEN    BRICK.  241 

in  the  New  Orleans  custom  house,  from  May,  1877  till 
1882  at  a  salary  of  $1,400  a  year,  and  received  during 
that  time  $7,000. 

Charles  B.  Anderson,  son  of  Thos.  C.  Anderson,  has 
held  a  place  in  the  New  Orleans  custom  house  since 
1877,  recieving  a  salary  of  $1,400  a  year,  making  a  total 
of  $11,200. 

York  A.  Woodward,  a  clerk  of  the  Returning  Board 
who,  with  G.  B.  Davis,  assisted  James  F.  Littlefield,  to 
execute  the  orders  of  J.  Madison  Wells  in  altering,  forging, 
and  falsifying  the  returns  from  Vernon  parish,  was  ap 
pointed  a  clerk  in  the  New  Orleans  custom  house,  Oct. 
8,  1877,  salary  $1,400  a  year.  Feb.  n,  1878,  he  was 
promoted  to  be  assistant  deputy  surveyor  under  J.  Madison 
Wells,  salary  $1,600  a  year.  In  1882  he  was  transferred 
to  the  U.  S.  Mint,  New  Orleans,  salary  $1,250  a  year. 

Charles  S.  Abell,  secretary  of  the  Returning  Board,  has 
an  interesting  history.  He  is  a  native  of  Ohio  and  came 
to  Louisiana  in  1869  from  North  Carolina  as  an  agent  of 
the  Freedman's  Bureau.  He  resigned  and  was  made  an 
assistant  assessor  of  internal  revenue  at  Shreveport,  La., 
and  while  in  this  office  was  elected  to  the  legislature  from 
Bossier  parish  in  which  he  had  not  been,  even  as  a 
visitor,  ten  consecutive  days.  After  serving  one  term  in 
the  legislature  he  was  appointed  division  superintendent  of 
public  education  for  the  fourth  district  which  included  the 
Red  River  parishes. 

The  school  law  enacted  by  the  carpet-bag  legislature, 
placed  the  entire  control  of  the  school  fund  and  the  man 
agement  of  the  educational  system  in  the  hands  of  the  gov 
ernor.  He  appointed  a  general  superintendent  and  di 
vision  superintendents,  and  they  constituted  the  local 
school  boards  for  every  parish  in  the  state.  The  people 

16 


242  A    POLITICAL    CRIME. 

had  no  more  voice  in  the  school  management  than  they 
had  in  the  affairs  of  Turkey.  The  school  fund  was  sys 
tematically  plundered  and  there  was  scarcely  a  pretense  in 
many  parishes  of  keeping  the  schools  open. 

From  the  school  board,  Abell  went  into  the  Returning 
Board  at  a  salary  of  $7  a  day,  and  also  held  at  the  same  time 
a  position  as  flour  inspector.  When  the  Packard  govern 
ment  broke  up  Abell  was  appointed  a  clerk  in  the  New 
Orleans  custom  house  at  a  salary  of  $1,200,  and  July  9, 
1878,  was  promoted  to  $1,600  a  year.  On  July  i,  1885, 
he  was  a  $1,200  clerk  in  the  custom  house,  having  been 
there  continuously  from  1877.  His  total  pay  in  that  time 
was  $8,266.59. 

As  secretary  of  the  Returning  Board  Abell  had  charge 
of  the  reception  of  returns  filed  by  the  supervisors  of  regis 
tration,  or  as  they  came  by  mail.  He  was,  in  connection 
with  other  clerks,  caught  falsifying  the  records  in  the  cases 
of  returns  from  the  parishes  of  De  Soto  and  Ouachita,  He 
knew  of  the  forgery  and  falsification  of  the  returns  from 
Vernon  parish.  His  previous  history  proves  that  he  was 
an  unscrupulous  and  unprincipled  man  who  could  be  safely 
trusted  by  the  members  of  the  Returning  Board  to  do  any 
disreputable  and  unlawful  work  assigned  him. 

Judge  G.  B.  Davis,  a  clerk  of  the  Returning  Board  has 
also  an  interesting  history.  He,  too,  came  to  Louisiana  as 
an  officer  of  the  Freedmens  Bureau.  A  native  of  Massa 
chusetts,  he  was  from  1865  in  the  service  of  the  Freed 
mens  Bureau  till  it  was  wound  up,  and  then  became  a 
deputy  collector  of  internal  revenue,  and  served  in  this  ca 
pacity  till  1876,  when  he  was  employed  as  a  clerk  by  the 
Returning  Board.  During  part  of  the  time  he  was  in  the 
internal  revenue  service  from  1870  to  the  summer  of  1876, 
he  was  also  parish  judge  of  East  Baton  Rouge. 


DAVIS   AND    GREEN.  243 

This  was  an  important  judicial  office  and  yet  Davis 
had  never  been  admitted  to  the  bar  and  knew  nothing 
whatever  of  the  civil  law  which  prevails  in  Louisiana. 
During  the  time  he  was  parish  judge  he  lived  in  open, 
flagrant  adultery  with  a  colored  woman  whom  he  had  ar 
bitrarily  divorced  from  her  husband.  Davis  and  Abell, 
fair  specimens  of  the  carpet-bag  office-holders,  were  made 
judges  and  legislators  by  appointment  or  through  the  man 
ipulation  of  the  Returning  Board. 

After  his  service  as  a  clerk  of  the  Returning  Board  ter 
minated,  Davis  was  employed  as  a  clerk  in  the  office  of  F. 
A.  Woolfley,  the  United  States  commissioner,  who  had  been 
the  chief  administrator  of  oaths  for  the  "  outrage  mill "  in 
the  custom  house  during  Nov.  1876.  Subsequently  he 
was  employed  in  the  custom  house. 

He  assisted  York  A.  Woodward  and  Jas  F.  Littlefield 
to  execute  the  orders  of  J.  Madison  Wells  in  falsifying  and 
altering  the  Vernon  parish  returns.  Having  charge  of  the 
clerks  compiling  the  returns  he  directed  them  to  bring  up 
the  vote  for  any  Republican  electors  running  behind  to 
that  of  those  having  the  greatest  number.  In  compiling, 
the  consolidated  statements  of  the  supervisors  of  registra 
tion  were  used,  and  when,  as  was  frequently  the  case,  sev 
eral  of  the  Republican  electors  in  different  parishes  did  not 
receive  as  many  votes  as  some  of  their  colleagues  did, 
Davis  ordered  the  clerks  to  make  the  vote  for  electors  even 
by  erasing  and  putting  in  the  highest  figures.  These  alter 
ations  on  the  consolidated  statements  were  fortified  by 
making  corresponding  changes  on  the  tally  sheets  and  on 
the  commissioners'  returns. 

W.  H.  Green,  colored,  was  the  minute  clerk  of  the  Re 
turning  Board.  His  duty  was  to  keep  a  journal  of  the  pro 
ceedings  of  the  board  during  the  open  sessions  when  the 


244  A    POLITICAL    CRIME. 

visitors  were  present  —  the  object  being  to  make  a  show 
of  regularity  and  deliberateness  in  the  conduct  of  the  can 
vass.  But  this  was  all  sham. 

The  real  work  of  the  Returning  Board  was  done  in 
secret  sessions  and  there  no  minutes  were  kept.  The  com 
piling  clerks  under  Davis  made  the  votes  of  all  Republican 
electors  equal  and  Abell  looked  after  the  details  of  the 
throwing  out  of  polls.  Green,  however,  on  account  of  his 
former  connection  with  the  board  was  implicitly  trusted, 
and  assisted  in  the  clerical  work  of  compiling.  He  was 
appointed  a  clerk  in  the  custom  house,  Sept.  20,  1877,  and 
two  years  later  was  made  an  inspector  at  $3  per  day. 

Charles  Hill,  a  clerk  in  the  state  auditor's  office  was 
detailed  for  clerical  work  to  the  Returning  Board.  He 
was  also  the  bearer,  in  place  of  Thomas  C.  Anderson,  of 
the  forged  certificates  of  electoral  votes  to  the  President  of 
the  Senate,  leaving  New  Orleans  Dec.  29th,  1876,  and  ar 
riving  in  Washington  January  3d,  1877.  Anderson  had 
carried  the  first  and  defective  certificate  to  Washington  and 
on  discovering  its  defects,  after  advising  with  "leading 
friends"  there,  brought  it  back  to  have  it  "fixed."  Not 
being  able  to  return  with  the  forged  certificate  Hill  acted 
in  his  place. 

Hill  testified  to  the  Potter  committee  that  Kellogg 
gave  him  a  letter  to  Zach.  Chandler  and  that  Anderson 
gave  him  one  to  Mr.  Ferry,  President  of  the  Senate.  The 
record  kept  by  the  President  of  the  Senate  of  the  receipt  of 
electoral  certificates  credits  Anderson  with  being  the 
bearer  of  the  one  received  January  3d,  1877.  The  object 
of  this  was  to  make  his  record  tally  with  the  well-known 
fact  that  Anderson  had  been  appointed  by  the  electors, 
Dec.  6,  1876,  messenger  to  carry  their  certificate  of  elec 
toral  votes  to  the  President  of  the  Senate.  Hill  was  ap- 


RAY   AND    LUEDLING.  245 

pointed  store-keeper  in  the  New  Orleans  custom  house, 
Dec.  15,  1877,  at  a  salary  of  $1,460  a  year,  and  held  the 
place  one  year  and  nine  months. 

John  Ray  was  the  counsel  of  the  Returning  Board.  The 
law  made  no  provision  for  a  legal  adviser  to  the  returning 
officers.  The  legal  presumption,  of  course,  was  that  where 
such  extraordinary  powers  were  bestowed  upon  a  body  of 
men  the  Senate  would  select  them  with  a  view  thereto. 
But  in  addition  to  their  notorious  bad  character  and  violent 
partisanship,  the  men  chosen  were  utterly  ignorant  of  the 
law  and  without  the  remotest  conception  of  judicial  func 
tions.  The  selection  by  them  of  John  Ray  as  their  legal 
adviser  was  not  for  the  purpose  of  having  a  man  learned  in 
the  law  to  guide  them  in  the  exercise  of  their  great  powers 
for  justice's  sake,  but  to  aid  them  in  their  contemplated 
defeat  of  justice. 

John  Ray  was  one  of  the  natives  who  early  joined  the 
alien-spoilers  of  the  state  to  profit  by  the  plunder  of  the 
people.  He  was  a  lawyer  of  some  ability  but  without  char 
acter  in  his  profession,  or  in  the  ordinary  affairs  of  life. 
His  connection  with  various  gigantic  schemes  of  plunder 
was  open  and  notorious.  His  part  in  the  attempted 
stealing  of  the  Vicksburg,  Shreveport,  and  Texas  Railroad, 
and  the  participation  therein  of  John  Luedling,  the  chief 
justice  of  the  state,  illustrates  the  general  demoralization  of 
public  and  private  morals  which  carpet-bag  and  scallawag 
rule  had  brought  about. 

That  corporation  had  been  subsidized  by  the  state  and 
had  been  plundered  by  the  men  to  whom  its  management  was 
confided.  Not  content  with  this  they  determined  to  cheat  the 
bondholders  and  steal  outright  the  whole  concern.  For 
this  purpose,  Ray  and  Luedling  formed  a  combination 
with  other  scoundrels  and,  availing  themselves  of  legal 


246  A    POLITICAL    CRIME. 

forms,  carried  through  their  nefarious  enterprise.  They 
thought  they  were  secure  and  laughed  at  the  remonstrances 
of  those  they  had  despoiled.  The  riot  of  official  and  pri 
vate  debauchery  had  continued  so  long  unchecked  that 
they  imagined  the  day  of  judgment  would  never  come. 

But  their  victims  in  this  case  appealed  to  the  United 
States  courts  and  after  many  delays  finally  got  the  decision 
of  the  Supreme  Court  of  the  United  States  thereon.  The 
opinion  of  the  court  was  unanimous,  and,  to  all  who  desire 
to  read  a  record  of  villainy  unparalleled  in  the  judicial  his 
tory  of  any  country,  reference  is  made  to  Jackson  v.  Lued- 
ling,  2ist  Wallace,  United  States  Supreme  Court  reports. 
After  giving  the  history  of  the  transaction  the  court  says : 

"  Were  there  nothing  more  in  this  case  than  is  narrated 
by  the  brief  history  thus  given,  which  is  uncontradicted,  it 
would  be  difficult  to  characterize  the  transaction  as  any 
thing  less  than  a  great  wrong  perpetrated  by  the  agency  of 
legal  forms.  The  great  body  of  the  bondholders  could 
have  known  nothing  of  the  proceedings  to  sell  the  mort 
gaged  property  and  discharge  their  lien.  Their  residence 
was  remote  and  the  sale  was  hurried  as  fast  as  the  forms  of 
law  permitted.  Not  a  day  was  lost.  They  were  not 
afforded  an  opportunity  to  bid  at  the  sale,  or  to  pay  off 
Gordon's  small  claim  of  $720.  Neither  they  nor  their 
trustee  were  consulted.  The  sale  was  made  in  a  village  far 
in  the  interior.  It  was  advertised  in  only  one  local  news 
paper,  and  not  a  day  longer  than  the  law  required.  The 
appraisement  was  made  at  the  last  moment,  and  it  was  ob 
viously  intended  to  facilitate  a  hasty  sale  for  a  nominal 
price. 

"  Onerous  and  illegal  conditions  of  sale  were  exacted 
from  other  bidders,  but  not  from  these  purchasers,  who 
paid  nothing  except  to  themselves.  A  property  upon 


A   JUST    DECISION.  247 

which  had  been  expended  nearly  $2,000,000,  together  with 
a  large  stock  subscription,  a  large  grant  of  lands,  and  con 
siderable  movable  property  was  bought  for  $50,000  by  the 
very  persons  who  defeated  a  sale  for  a  much  larger  price 
($500,000)  and  the  purchase  money  was  retained  by  them 
selves.  *  *  It  is  impossible  to  sustain  such  a 
transaction.  Throughout  it  was  grossly  inequitable.  That 
the  property  was  sacrificed  by  means  of  an  unlawful  and 
widespread  combination  is  abundantly  proved,  and  that 
the  directors  who  were  parties  to  it,  and  who  became  the 
purchasers,  were  guilty  of  an  inexcusable  violation  of  confi 
dence  reposed  in  them  admits  of  no  doubt.*  " 

*  U.  S.  Rep.  21  Wallace  pp.  621-2,  631. 


UNIVERSITY 


248  A    POLITICAL    CRIME. 


CHAPTER  XIII. 

William  Pitt  Kellogg's  interest  in  the  result  of  the  Returning  Board's 
work:  His  character  delineated:  He  assisted  in  the  alteration  of 
the  affidavit  of  Supervisor  Kelley :  His  part  in  the  forgery  of  an 
ante-dated  set  of  electoral  certificates  :  His  knowledge  of  the  forg 
ing  of  the  names  of  Levissee  and  Joffroin,  two  absent  electors,  to 
the  electoral  certificates :  Kellogg  took  into  his  confidence  William 
M.  Evarts,  E.  W.  Stoughton,  Zach.  Chandler,  and  Senator  Mor 
ton  :  The  knowledge  of  the  forgery  must  have  been  known  to  the 
other  so-called  Republican  electors:  Kellogg's  negro  messenger 
threatened  to  "peach "  and  was  taken  care  of  by  Kellogg :  Kellogg 
had  to  buy  his  seat  of  the  Returning  Board  Legislature :  He  filled 
the  New  Orleans  custom  house  with  the  rascals  in  order  to  get 
them  to  retract  affidavits :  How  Kellogg  was  saved  from  indictment 
and  conviction  for  bribery  while  a  senator  by  George  Bliss  :  How 
the  Hayes  electors  were  rewarded:  Packard  got  "consideration 
and  position." 

WILLIAM  PITT  KELLOGG,  Governor  of  Louisiana,  by  virtue 
of  the  illegal  order  of  United  States  District  Judge  Durell, 
and  the  unlawful  enforcement  thereof  by  Federal  troops, 
acting  under  orders  from  President  Grant,  was  the  head 
and  front  of  the  local  conspiracy  to  deprive  the  people  of 
that  state  of  their  choice  of  Presidential  electors  and  imme 
diate  rulers. 

Kellogg's  direct  personal  interest  to  be  subserved  was  to 
secure  a  legislature  that  would  elect  him  to  the  United 
States  Senate.  The  entire  machinery  of  election  was  sub 
ject  to  his  control.  He  made  the  supervisors  and  assistant 
supervisors  of  registration  for  every  parish  and  ward.  He 


KELLOGG'S  CHARACTER.          249 

dictated  the  appointment,  by  the  supervisors  and  assistant 
supervisors,  of  all  the  commissioners  of  election.  The  state 
registrar  of  voters  and  his  clerks  were  named  by  him. 

Few  shrewder  and  more  adroit  men  have  ever  wielded 
such  vast  political  power.  He  was  utterly  unscrupulous, 
thoroughly  corrupt,  and  full  of  wiles.  He  was  plausible, 
affable,  and  resourceful.  Personally  mean  and  grasping,  he 
was  liberal  with  the  people's  money  and  content  with  a  fair 
share  of  the  common  plunder.  In  dealing  with  a  man  like 
Wells  who  was  passionate,  revengeful,  and  violently  par 
tisan,  but  greedy  for  money  and  power,  Kellogg  was  with 
out  an  equal.  He  knew  the  right  chord  to  touch  and  the 
right  suggestion  to  make.  He  could  flatter,  fawn  upon, 
appeal  to,  and  cajole  a  subordinate  who  owed  everything  to 
him.  He  rarely  resorted  to  dictation.  He  preferred  to 
wheedle,  to  promise,  and  to  tempt.  He  had  one  failing 
which  would  have  brought  to  grief  in  a  short  time,  a  less 
plausible  fellow.  He  was  a  notorious  liar,  and  always 
cheated  when  he  had  the  opportunity.  Those  who  knew 
him  best  would  not  trust  him  without  guarantees  of  some 
kind.  Wells  and  Anderson  knew  him  through  and  through 
and  admired  his  skill  and  cunning,  but  while  they  would 
be  captivated  by  his  address,  his  cleverness  in  sugges 
tions,  they  never  failed  to  demand  sponsors  or  an  equivalent 
in  hand. 

There  were  few  if  any  disinterested  followers  in  Louisi 
ana  politics.  Even  the  negroes,  who  by  nature  were 
grateful,  soon  ceased  to  display  gratitude  after  they  had 
trained  a  little  while  under  scallawag  and  carpet-bag  poli 
ticians.  With  rare  exceptions  they  were  cheap  in  price. 
Pinchback,  in  whom  white  blood  predominated,  a  natural- 
born  gambler,  was  high-priced.  Dunn,  a  full-blooded  Afri 
can,  alone  had  worthy  ambition,  but  he  was  not  incorruptible. 


250  A    POLITICAL    CRIME. 

A  few  of  the  supervisors  of  registration,  like  Grady  of 
Ouachita,  Grant  of  Morehouse,  Anderson  of  East  Felici- 
ana,  and  Scott  of  Claiborne,  could  not  be  controlled  by 
Kellogg's  assurances  and  promises  unguaranteed.  Hence, 
it  is  doubtless  true  that  these  men  had  to  be  impressed 
and  awed  by  interviews  with  visiting  statesmen.  There  is 
no  positive  evidence  of  this  except  the  unsupported  state 
ments  of  James  E.  Anderson,  and  the  hearsay  declarations 
of  D.  J.  M.  A.  Jewett. 

Kelley,  supervisor  of  Richland  parish,  could  not  be 
induced  by  Judge  Campbell,  Jewett,  or  Blanchard,  Kel-' 
logg's  executive  clerk,  to  swear  to  a  false  statement  about 
the  registration  and  election  in  his  parish.  Kellogg  labored 
long  and  faithfully  with  him,  but  exerted  all  his  arts  in  vain. 
They  were  compelled  to  accept  the  inadequate  statements 
he  was  willing  to  make  and  bring  them  up  to  the  required 
standard  by  forgery  —  interlining,  after  the  innocent  things 
had  been  sworn  to,  the  falsehoods  he  would  not  swear  to.* 

Forgery  and  falsification  of  records  were  slight  obstacles 
to  the  Louisiana  politicians  of  the  Kellogg  kidney.  When 
Wells  wanted  to  return  as  elected  candidates  for  local 
offices  in  Vernon  parish  and  had  neglected  to  have  so- 
called  evidence  of  intimidation  provided,  he  promptly 
altered,  falsified,  the  returns  by  changing  the  Democratic 
votes  to  the  Republican  candidates.  When  Tom  Anderson 
brought  the  certificates  of  electoral  votes  to  Washington 
and  was  told  by  the  President  of  the  Senate  t  that  the 
sealed  envelope  in  which  they  were  contained  did  not  have 
endorsed  thereon  what  the  law  required,  he  went  to  his 
hotel,  broke  the  seal,  which  he  had  no  right  whatever  to  do, 

*  H.  R.  Mis.  Doc.  No.  31,  Part  2,  45th  Cong.  3d  Sess.  pp.  171  to 
1778. 

t  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  3d  Sess.  p.  539. 


A    SERIOUS    MISTAKE.  251 

and  finding,  upon  consultation  with  "  leading  friends,"*  that 
the  certificates  were  not  made  out  in  accordance  with  the 
Constitution  of  the  United  States,  he  took  the  first  train  for 
New  Orleans. 

Immediately  upon  his  arrival  Anderson  hastened  to 
Kellogg  and  explained  the  dilemma  they  were  in.  What 
was  it  ?  The  Constitution  requires  that  the  electors  shall 
make  "  distinct"  that  is  separate  "  lists"  or  certificates  of 
votes  cast  for  President  and  for  Vice-President.  They  had 
embodied  the  votes  for  President  and  for  Vice-President  in 
one  "  list "  or  certificate.  The  laws  of  the  United  States 
requires  that  there  shall  be  three  of  those  "  lists  "  or  certifi 
cates  made  out  and  signed  by  each  of  the  electors,  and 
that  each  of  these  certificates  shall  have  appended  the  cer 
tificate  of  the  governor  of  the  state,  signed  by  him,  coun 
tersigned  by  the  secretary  of  state,  and  attested  by  the 
great  seal  of  the  state,  certifying  that  the  electors  had  been 
"  duly  chosen." 

The  law  also  prescribes  that  the  electors  "  duly  chosen  " 
shall  meet  on  the  first  Wednesday  in  December  and  pro 
ceed  to  vote  by  "  distinct "  ballots  for  candidates  for  Presi 
dent  and  for  candidates  for  Vice-President,  and  thereupon 
make,  then  and  there,  the  "  distinct  "  — separate  —  "  lists  " 
or  certificates  of  all  the  persons  voted  for  for  President,  and 
of  all  the  persons  voted  for  for  /Vice-  President.  This  done 
the  electors  zzzfunctus  officio.  They  are  dead  in  law,  just 
as  effectually  and  conclusively  as  if  they  were  dead  physi 
cally.  If  they  have  failed  to  comply  with  the  provisions  of 
the  law,  or  of  the  Constitution,  and  the  same  is  not  discov 
ered  that  day  and  corrected  before  they  have  finished,  there 
is  no  legal  way  of  correcting  the  error,  mistake,  informality, 
or  non-compliance  with  the  Constitution  or  the  laws. 

*  H.  R.  Mis.  Doc.  No.  31,  45th  Cong,  sd  Sess.  p.  258. 


252  A    POLITICAL    CRIME. 

Anderson  knew  this.  He  was  undoubtedly  advised 
thereof  by  "  leading  friends "  in  Washington.  Kellogg 
knew  it.  But  they  were  not  going  to  lose  the  Presidency 
after  all  they  had  done,  all  the  chances  they  had  taken, 
when  they  could  quietly  manufacture  certificates  in  due 
form.  It  was  true  they  had  less  than  two  days  in  which  to 
do  this,  because,  they  must  be  in  Washington  on  or  before 
January  3,  1877.  To  reach  there  the  messenger  must  leave 
New  Orleans  at  5:20  P.  M.  December  29th. 

Two  of  the  late  electors,  A.  B.  Levissee,  and  Oscar 
Joffroin,  were  not  in  New  Orleans,  and  could  not  be  got 
there  before  5:20  P.  M.  December  29th.  But  that  was  not 
an  insuperable  obstacle.  Kellogg  had  clever  penmen 
at  his  command  —  the  genuine  signatures  of  Levissee  and 
Joffroin  could  be  imitated.  This  would  be  forgery,  but  the 
making  out  of  new  certificates  of  the  electoral  vote  would 
be  forgery !  If  they  had  to  steal  a  sheep  why  hesitate  at 
stealing  a  lamb  ? 

They  might  be  discovered  ?  They  could  trust  one  an 
other,  and  "  leading  friends  "  in  Washington.  The  Presi 
dent  of  the  Senate,  Mr.  Ferry,  would  know  that  something 
had  been  done,  but  he  was  too  discreet  to  ask  questions. 
Who  would  suspect  such  a  crime  ?  The  very  magnitude 
of  it  —  its  seeming  impossibility  would  prevent  even  sus 
picion. 

The  business  of  preparing  new  certificates  for  the  sig 
natures  of  the  electors,  and  of  the  governor's  certificate  of 
their  election,  all  in  triplicate,  was  intrusted  to  H.  Conquest 
Clark,  Kellogg's  private  secretary.  He  performed  the 
work  with  dispatch,  secrecy,  and  exactness  —  even  to  fac 
simile  reproductions  *  printed  from  the  same  type  and  in 
cluding  counter  signature  of  secretary  of  state  and  impres- 
*  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  $d  Sess.  p.  258. 


DISCREET    SILENCE.  253 

sions  of  great  seal.  He  arranged  an  "  upper  room  "  in  the 
State  House,  and  the  late  electors  who  were  accessible  were 
notified  to  be  on  hand  and  sign  their  names  the  requisite 
number  of  times. 

They  came  Dec.  29th,  one  by  one,  slipping  in  quietly, 
and  secretly  going  to  the  upper  room.*  They  signed  in 
order  as  they  originally  appended  their  signatures,  Dec. 
6th.  There  was  the  necessary  interval  of  coming,  between 
the  one  who  had  signed  before  Levissee,  and  Joffroin,  and 
the  one  signing  after,  so  that  those  signatures  could  be 
forged.  The  crime  was  systematically,  deliberately,  or 
derly,  committed.  Levissee's  and  Joffroin's  signatures 
were  each  forged  six  times. 

The  work  was  done  and  the  messenger  took  his  depar 
ture  for  Washington  on  the  5:20  P.  M.  train,  Dec.  29, 
1876,  and  reached  there  in  due  season  and  turned  over  to 
the  President  of  the  Senate,  Mr.  Ferry,  the  package  con 
taining  the  forged  electoral  votes,  t  One  of  the  forged  cer 
tificates  of  electoral  votes  was  also  sent  by  mail  to  the  Presi 
dent  of  the  Senate,  and  an  attempt  was  made  to  substitute 
one  of  the  forged  sets  for  that  one  deposited  Dec.  6  with 
the  judge  of  the  United  States  District  Court,  New  Or 
leans. 

"  The  friends  in  Washington  "  who  knew  of  this  crime 
observed  discreet  silence.  The  fact  that  a  set  of  certificates 
of  electoral  votes  had  been  prepared  and  dated  back 
twenty-three  days  was  known  to  the  President  of  the  Sen 
ate,  Mr.  Ferry,  to  John  Sherman,  to  Hale  and  Frye  of 
Maine,  on  January  3,  1877,  and  also  to  Zachariah  Chan 
dler.  Kellogg  gave  Morton  to  understand  that  it  would 


*  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  3d  Sess.  p.  263-264. 
t  Ibid,  part  2,  pp.  50,  53,  54. 


254  A    POLITICAL    CRIME. 

not  do  to  depend  upon  the  set  of  certificates  of  electoral 
votes  last  received  by  the  President  of  the  Senate.* 

Anderson  admitted  that,  before  he  opened  the  enve 
lope,  on  Christmas  day  in  Washington,  containing  the  cer 
tificate  made  Dec.  6,  he  had  talked  with  some  friends.** 
f  Clark  testified  that  Anderson  told  him  "  leading  friends  in 
Washington"  thought  the  lists  ought  to  be  on  two  sheets  in 
stead  of  one.  Of  course,  "  leading  friends  "  knew  that  a 
new  set  was  to  be  manufactured  and  dated  back.  Again, 
it  is  perfectly  certain  that  several  persons  knew  there  was 
"something"  wrong,  about  the  certificates  which  were  in 
form  correct. 

The  original  intention  of  the  conspirators  was  undoubt 
edly  to  suppress  the  one  of  Dec.  6th,  which  came  to  the 
President  of  the  Senate  by  mail.  But  this  had  to  be  aban 
doned  because  the  United  States  district  judge  {  at  New 
Orleans  would  not  allow  the  package  purporting  to  contain 
electoral  votes  first  deposited  with  him  to  be  withdrawn 
and  another  substituted  in  its  place. 

When  the  two  Houses  of  Congress  met  in  joint  conven 
tion  Feb.  12,  1877,  and  the  State  of  Louisiana  was  reached 

*  H.  R.  Mis.  Doc.  No.  31,  Part  2.  45th  Cong.  3d  Sess.,  p.  711. 

Q.  "  You  say  that  when  you  came  to  Wahington,  after  the  election  of 
1876  you  had  a  conversation  with  certain  friends  in  regard  to  the  election 
certificates.  With  whom  was  the  conversation  to  which  you  have  referred 
to  held  ?''  A.  "  After  I  came  to  Washington  and  after  the  Electoral  Com 
mission  had  reached  in  its  deliberations  the  State  of  Louisiana,  I  stated  to 
two  or  three  (I  do  not  recollect  the  number)  of  our  friends  that  the  certifi 
cates,  three  or  more  in  number,  were  not  executed  at  the  times  they  were 
apparently  executed.  I  had  not  thought  to  interfere  in  any  manner  with 
the  matter  before,  but  when  I  arrived  here  the  law  had  passed  both  Houses 
creating  the  Electoral  Commission  ;  and  when  the  matter  came  before  that 
Commission  (or  about  that  time)  I  thought  it  proper  to  state  that  fact,  and 
1  did  so,  to  Mr.  Evarts,  to  Mr.  Stoughton,  perhaps  to  Mr.  Chandler  and 
certainly  to  Senator  Morton." 

**  Ibid.  p.  540. 
t  Ibid,  p.  258. 
t  Ibid.  p.  1106. 


MORTON'S  MOTION.  255 

the  President  of  the  Senate*  produced  first  the  genuine 
Kellogg  certificate  of  electoral  votes,  second,  the  McEnery 
certificates,  third,  two  Kellogg  —  (forged)  —  certificates, 
and  fourth,  a  burlesque  certificate  signed  by  John  Smith, 
stating  the  vote  of  Louisiana  belonged  to  Peter  Cooper. 

This  last  was  ordered  to  be  suppressed  and  no  refer 
ence  thereto  to  be  made  in  the  record  of  the  proceedings. 
It  was  the  first  time  in  the  history  of  the  counting  of  elec 
toral  votes  that  a  burlesque  of  this  kind  had  been  at 
tempted,  and  coming  as  it  did  from  New  Orleans,  it  would 
seem  that  it  was  sent  for  a  purpose.  An  incident  of  this 
kind  would  naturally  tend  to  divert  attention  from  the  ap 
pearance  of  three,  instead  of  two,  Kellogg  certificates  of 
the  Hayes  electoral  votes. 

The  democrats  suspecting  nothing  wrong  in  the  form  of 
the  certificates  themselves  appear  not  to  have  examined 
them  at  all.  They  had  prepared  beforehand  their  objec 
tions  to  counting  the  vote  of  Louisiana,  as  the  act  creating 
the  Electoral  Commission  required,  and  all  the  electoral 
certificates,  together  with  the  objections,  went  to  the  Com 
mission.  There  none  of  the  originals  were  read  but  all  or 
dered  to  be  printed.  The  President  of  the  Commission,  N. 
Clifford,  numbered  the  certificates  as  follows  —  The  gen 
uine  Kellogg  certificate,  "No.  i,  N.  C;"  the  McEnery 
certificates,  No.  2,  N.  C;"  the  two  Kellogg  —  (forged)  cer 
tificates,  "  No.  3,  N.  C." 

Senator  Morton,  member  of  the  Commission,  who 
"knew  from  Kellogg  that  No.  3,  "  would  not  do  to  depend 
on,"  moved  that  certificate  No.  i  —  the  genuine  —  one 
which  was  not  in  form  as  required  by  the  Constitution  of  the 
United  States  —  should  be  counted.  His  motion,  thus  tech 
nically  made,  was  put  and  carried  8  to  7. 

*  Electoral  count,  pp.  205  to  an. 


256  A    POLITICAL    CRIME. 

Nobody  —  none  of  the  Democratic  lawyers,  members 
of  the  Commission,  managers  on  the  part  of  the  House, 
observed  that  one  of  the  Kellogg  certificates  was  fatally 
defective  because  it  did  not  comply  with  the  specific  re 
quirements  of  the  Constitution.  Mr.  Morton  and  his  Re 
publican  colleagues  knew  of  this  defect,  but  they  thought 
it  better  to  count  their  man  in  on  a  constitutionally  defec 
tive  certificate  than  on  a  forged  one. 

And  singularly  enough  it  so  happened,  or  was  so  de 
signed,*  that  in  printing  the  record  of  the  proceedings  of 
Congress  and  of  the  Electoral  Commission  the  forged  cer 
tificates  did  not  appear  at  all.t  Two  copies  of  the  one  con 
stitutionally  defective  certificate  appear  in  the  record.  So 
far  as  the  published  proceedings  of  Congress  and  of  the 
Electoral  Commission  show  we  would  not  know  that  two 
other  sets  of  certificates  from  the  Kellogg  electors  were  be 
fore  Congress  and  the  Commission.  It  is  scarcely  possible 
that  this  could  have  been  accidental.  Is  not  the  conclu 
sion  irresistible  that  the  omission  was  by  design  ? 

That  the  forging  of  the  names  of  A.  B.  Levissee  and 
Oscar  Jorfroin  was  possible  without  the  knowledge,  the  ap 
proval,  the  instigation  of  Kellogg,  an  honest  and  intelligent 
person  cannot  admit.  Neither  can  it  be  conceived  possible 
that  all  the  other  Hayes  electors  who  signed  on  Dec.  29  were 
without  knowledge  of  the  absence  of  Levissee  and  the  where 
abouts  of  JorTroin.  f  They  would  naturally  be  put  on  in 
quiry  as  to  Levissee  and  Joffroin  when  they  came  to  sign. 


*  H.  R.  Mis.  Doc.,  No.  31,  45th  Cong.,  3d  Sess.,  p.  116. 

t  Ibid,  p.  420. 

t  Sheldon  admitted  that  he  knew  they  were  not  in  the  city  on  Dec.  28 
and  asked  Kellogg  who  said  he  had  sent  for  them  :  that  Kellogg  told  him 
the  2gth  they  had  arrived  —  which  Sheldon  must  have  known  was  not  true, 
because  he  knew  that  it  was  physically  impossible  to  get  them  there  in 
that  time. 


KELLOGG   KNEW   IT.  257 

They  knew  why  these  second  certificates  had  to  be  gotten 
up.  * 

If  their  inquiries  were  evaded  the  evasive  answers 
would  only  tend  to  excite  suspicions.  It  must  be  con 
cluded,  therefore,  that  Burch,  Joseph,  Sheldon,  Marks,  and 
Brewster,  knew  of  the  absence  of  two  of  their  colleagues. 
Knowing  their  absence,  of  course,  they  knew  that  some 
body  would  have  to  forge  their  signatures.  But  who  was 
to  do  the  forging,  or  who  did  do  it,  they  may  not  have 
sought  to  know. 

It  is  absolutely  certain  that  it  could  not  have  been  done 
without  Kellogg's  knowledge,  and  it  is  almost  equally  cer 
tain  that  it  was  not  done  without  his  approval  or  instigation. 
Would  any  one  of  his  subordinates  have  voluntarily 
forged  the  signatures  ?  Men  do  not  commit  a  crime  of  this 
kind  without  an  object.  What  object  would  one  of  Kel 
logg's  clerks  have  to  do  this  forging  ?  To  render  his  party 
a  great  service?  Men  do  not  render  their  party  such 
criminal  service  without  the  hope  or  expectation  of  reward. 
In  this  case  the  reward  could  only  come  through  Kellogg. 
Before  one  of  his  clerks,  except  Clark,  could  know  that  the 
forgery  was  necessary  he  would  have  to  be  informed 
thereof.  This  information  could  alone  come  through  Kel 
logg  or  Clark.  Is  it  probable  that  a  clerk  would  volunteer 
the  commisssion  of  the  crime  to  the  governor's  private 
secretary?  Scarcely.  He  would  want  Kellogg  to  know 
that  he  had  rendered  the  all-important  service. 

•  The  negro  messenger,  t  Thomas  S.  Kelley  testified 
that  B.  P.  Blanchard,  Kellogg's  executive  clerk,  forged 
Joffroin's  name,  but  this  testimony  was  given  under  circum 
stances,  and  the  story  was  so  improbable,  that  the  con- 

*  H.  R.  Mis.  Doc.,  No.  31,  Part  i,  45th  Cong.,  sd  Sess.,  p.  1274. 
t  Ibid.  pp.  1148-9. 

17 


258  A    POLITICAL    CRIME. 


viction  is  irresistible  that  Kellogg  prompted  it.  Kelley 
undoubtedly  knew  a  great  deal  about  the  forgery.  He  wrote 
to  Hon.  Clarkson  N.  Potter,  June  9,  1878*  that  he  knew, 
and,  if  protected,  would  tell  all  about  the  crime  and  point 
out  the  men  who  did  it.  Kellogg  learned  of  this  letter,  and 
sent  a  colored  man,  named  James  D.  Kennedy,**  an  em 
ploye  of  the  sergeant-at-arms  of  the  Senate,  after  Kelley. 
Kelley  arrived  in  Washington  July  i,  1878.  The  fact  of  his 
being  there  was  concealed  until  the  committee  of  which 
Potter  was  chairman  had  left  Washington  for  the  summer. 

Kellogg  maintained  Kelley  in  Washington  until  Decem 
ber  16,  1879  f  when  he  had  his  name  placed  on  the  pay 
roll  of  the  New  Orleans  custom  house.  This  continued 
until  March  4,  1880,  when  Kellogg  had  Kelley  ap 
pointed  a  clerk  in  the  second  auditor's  office,  where  he 
secured  him  two  promotions.  These  things  Kellogg  did 
for  some  purpose.  He  suffered  Kelley  to  be  more  than  a 
year  without  government  employment  and  manifested  no 
interest  whatever  in  his  welfare  until  he  learned  that  Kelley 
was  about  to  "  peach."  Blanchard  J  was*dead  at  the  time 
Kelley  testified  that  he  forged  Joffroin's  name.  The  crime — 
or  one  of  the  crimes — Kelley  only  swearing  to  the  forging  of 
Joffroin's  signature — being  laid  at  a  dead  man's  door,  what 
further  object  had  Kellogg  in  taking  care  of  Kelley  ?  The 
character  of  Kellogg  is  too  well-known  for  any  one  to 
credit  him  with  gratitude  ! 

To  obtain  his  reward  —  the  seat  in  the  United  States 
Senate  —  cost  Kellogg  a  deal  of  trouble.  After  the  Re 
turning  Board  had  counted  in  a  majority  of  Republican 

*  H.  R.  Mis.  Doc.  No.  31,  Part  i,  45th  Cong.  3d  Sess.  p.  1132. 
**  Ibid.  pp.  1115-16. 

t  Records  Appt.  Divis.  Treas.  Dept.  Washington,  D.  C. 
J    H.  R.  Mis.  Doc,  No.  31,  45th  Cong.  3d  Sess.  p.  1440. 


KELLOGG'S   TROUBLES.  259 

candidates  for  the  legislature,  and  Packard,  was  in 
stalled  as  governor,  the  great  body  of  the  people  of 
Louisiana  declined  to  recognize  the  bogus  concern.  They 
quietly  inaugurated  Governor  Nichols  and  the  legislature 
elected  by  them,  and  the  authority  of  this  government  was 
recognized  throughout  the  state,  while  the  other  exerted  no 
power  whatever  outside  the  State  House. 

There  was  absolutely  no  money  in  the  treasury  of  the 
bogus  government.  Its  script  was  worth  nothing.  To  keep 
the  legislature  together  Kellogg  had  to  cash  the  members' 
certificates  for  pay.*  He  had  also  to  buy  outright  the 
votes  of  the  ungrateful  ones,  who  seem  to  have  been  a 
large  majority.  He  was  given  promptly,  on  the  fourth  of 
March,  on  the  motion  of  James  G.  Elaine,  Senator  from 
Maine,  the  prima  facie  right  to  the  seat  in  the  Senate. 

But  Hayes'  commission  to  New  Orleans  broke  up 
Packard's  and  Kellogg's  legislature  and  certified  to  the  legal 
organization  of  the  Nichols  legislature.  That  legislature 
elected  Henry  M.  Spofford,  senator  from  Louisiana  for  the 
term  beginning  March  4,  1877.  He  contested  Kellogg's 
right  to  the  seat,  and  among  other  things  which  he  proved 
invalidating  the  so-called  election  of  the  sitting  senator, 
was  the  bribery  of  a  number  of  the  members  of  the  bogus 
legislature  electing  him.  This  proof  of  bribery  was  in  form 
of  affidavits  made  by  many  of  those  who  had  been  bribed. 
To  get  these  witnesses  to  retract  Kellogg  had  to  have  them 
appointed  to  places  in  the  New  Orleans  custom  house, 
and  to  prevent  others  from  "  peaching  "  he  had  to  secure 
them  positions  in  this  common  refuge  for  scoundrels,  for 
gers,  and  perjurers. 

The  Republican  majority  in  the  Senate  of  the  United 
States,  to  preserve  the  symmetry  of  its  record  —  to  avoid 

*  Senate  Mis.  Doc.  No.  79,  46th  Cong.,  2d  Sess.,  pp.  21  to  35. 


260  A    POLITICAL    CRIME. 

stultifying  its  action  in  voting  to  ratify  the  decision  of  the 
Electoral  Commission  in  the  Louisiana  case  —  refused  to 
oust  Kellogg  and  seat  Spofford.  And  still  Kellogg's 
troubles  were  not  at  an  end. 

Before  his  term  in  the  Senate  had  expired — to  be  exact, 
four  years  after  he  was  seated  on  motion  of  Senator  Elaine — 
the  evidence  was  discovered  proving  beyond  the  possibility 
of  doubt  that  Colonel  J.  B.  Price,  a  mail  contractor  in  the 
Star  Route  service,  had  paid  Senator  Kellogg  $20,000  in 
drafts  on  the  future  pay  of  two  star  routes,  San  Antonio  to 
Corpus  Christi,  and  Indianola  to  Corpus  Christi,  Texas,  in 
consideration  for  Kellogg  procuring  from  Thomas  J.  Brady, 
Second  assistant  Postmaster-general  and  one  of  "  the  visit 
ing  statesmen  "  to  Florida,  an  increase  of  pay  for  carrying 
the  mail  over  said  star  routes.* 

The  records  of  the  Post-office  department  showed  that 
the  order  making  the  increase  of  pay  was  made  the  day 
after  the  drafts  aforesaid  were  given  to  Kellogg  by  Price. 
The  records  of  the  sixth  auditor's  office  showed  that  the 
drafts  had  been  paid  as  they  fell  due.  Price  confessed  that 
he  had  given  the  drafts  to  Kellogg  for  his  influence  with 
Brady,  and  the  banker,  with  whom  the  drafts  were  deposited 
by  Kellogg  for  collection,  testified  that  he  had  collected  the 
money  on  the  drafts  and  had  paid  one-half  to  Kellogg  and 
one-half  to  Brady. 

The  discovery  of  this  evidence  was  made  not  only  be 
fore  Kellogg's  term  in  the  Senate  had  expired,  but  within 
the  three  years  succeeding  the  payment  to  Kellogg  by 
Price  of  the  drafts.!  Not  only  his  expulsion  from  the 

*  Record  U.  S.  vs.  William  Pitt  Kellogg,  charged  with  receiving  a 
bribe  while  a  U.  S.  Senator.  Washington,  Govt.  Printing  Office,  1884,  pp. 
67  to  74,  75  to  101,  102  to  113. 

t  H.  R.  Mis.  Doc.,  No.  38,  Part  2,  48th  Cong.,  ist  Sess.,  pp.  75,  76, 
77,353.354.  355,  43i  to  468. 


GEORGE   BLISS'    WORK.  261 

Senate,  but  his  conviction  for  misdemeanor  under  the 
statutes  of  the  United  States,  and  punishment  by  fine  and 
imprisonment,  would  have  been  an  absolute  certainty,  if  the 
government  had  proceeded  forthwith  to  have  him  indicted 
therefor. 

George  Bliss*  who  was  the  special  counsel  for  the  gov 
ernment  in  the  Star  Route  cases,  in  full  and  complete 
charge  of  the  same,  having  the  entire  confidence  of  the 
President,  Chester  A.  Arthur,  and  the  Attorney-general, 
Benjamin  Harris  Brewster,  deliberately  suppressed  the 
evidence  against  Kellogg.  And,  to  make  good  his  work 
of  suppression,  he  intrigued,  lied,  and  maligned,  until 
he  drove  out  of  the  Star  Route  cases  the  counsel  for  the 
United  States,  who  had  originally  discovered  and  worked 
up  all  the  evidence  in  those  cases  including  that  against 
Kellogg. 

However,  at  a  later  period  the  late  Hon.  R.  T.  Merick,f 
of  Washington,  was  employed  to  conduct  in  court  some 
of  the  Star  Route  cases,  and  his  attention  being  called  to 
the  fact  that  Bliss  had  deliberately  suppressed  the  evidence 
against  Kellogg,  he  insisted  that  the  case  against  him 
should  be  investigated  by  the  grand  jury  of  the  District  of 
Columbia.  But  he  foolishly  consented  that  Bliss  should 
represent  the  government  before  this  grand  jury. 

The  result  was,  of  course,  that  no  indictment  was  found. 
Bliss  introduced  the  case  to  the  grand  jury,  as  was  after 
wards  proved,  before  a  congressional  committee,  by  a  mem 
ber  of  the  grand  jury,  and  a  witness  present  at  the  time, 
that  "  it  was  a  grave  and  serious  thing  to  indict  a  Senator 
of  the  United  States."J 

*  H.  R.  Mis.  Doc.  No.  38,  Part  2,  48th  Cong,  ist  Sess.  pp.  431  to  468. 

t  Ibid.  pp.  431  to  468,  also  pp.  75,  76,  77. 

t  Elias  S.  Hutchinson,  Foreman  of  the  Grand  Jury  —  as  to  Bliss  dec- 


262  A    POLITICAL    CRIME. 

Finally,  after  the  lapse  of  nearly  a  year,  and  the  expira 
tion  of  his  term  in  the  Senate,  all  the  ingenuity  of  Bliss,  and 
the  indirect,  but  potent,  influence  of  the  administration, 
failed  to  save  Kellogg  from  indictment.  *  However,  a 
stupid  draughtsman  of  the  indictment,  a  very  poor  speci 
men  of  the  Philadelphia  bar,  imported  to  Washington  by 
Attorney-general  Brewster,  was  the  means  of  saving  Kel 
logg  from  the  penetentiary.t 

In  drafting  the  indictment,  instead  of  pleading  that 
Kellogg  had  received  upon  such  and  such  dates  the  pro 
ceeds  of  such  and  such  drafts  payable  in  future  at  such 
and  such  dates  in  lawful  money  of  the  United  States, 
he  set  forth  that  he  received  lawful  money  on  such  and 
such  dates  and  his  proof  showed  that  at  a  period  ante 
rior  to  the  three  years'  limitation  in  criminal  cases  Kellogg 
had  received  certain  drafts  payable  at  certain  specified 
dates  in  the  future.  The  court,  thereupon,  sustained  Kel- 
logg's  plea  of  the  statute  of  limitation  as  a  bar  to  the  prose 
cution,  and  he  escaped  merited  punishment  in  the  convict's 
garb,  but  his  self-confession  of  infamy  was  coincident  with 
his  permanent  retirement  from  public  life. 

J.  Henri  Burch  was  one  of  the  Republican  electors-at- 


laration  that  it  was  a  serious  matter  to  indict  a  U.  S.  Senator — p.  429  of 
Mis.  Doc.  No.  38,  part  2,  48th  Cong.,  ist  Sess. 

Q.  "  Did  you  in  that  Grand  Jury  Room  hear  Mr.  Bliss  say  that  it  was 
a  very  serious  matter  to  indict  a  Senator  of  the  U.  S.  ?"  A.  "  Well,  I  don't 
think  he  said  it  was  a  very  serious  matter.  He  certainly  said  it  was  a  seri 
ous  matter." 

8.  "  Did  he  say  that  before  the  Grand  Jury  ?"     A.   "  Yes." 
.   "  Can  you  give  all  that  he  said  in  that  connection?"     A.  "  I  could 
not,  but  I  remember  that  language.     I  would  not  attempt  to  repeat  the 
conversation  going  with  it." 

Q.  "It  was  made  before  your  deliberations  as  to  whether  you  would, 
or  would  not  find  an  indictment  ?"  A.  "  Yes,  sir  ;  before  our  deliberations." 

See  Testimony  of  John  H.  Mitchell,  pp.  416-417.  same  Doc. 

*  Ibid.  pp.  353  to  355,  431  to  468. 

t  Record  U.  S.  vs.  VVm.  Pitt  Kellogg,  Washington,  Govt.  Printing 
Office,  1884.  , 


BURCH,   JOSEPH,    MARKS.  263 

large.  The  character  of  the  men  whose  names  ornamented 
the  Hayes  electoral  ticket  in  Louisiana,  their  standing  in 
the  community,  is  illustrated  by  the  sort  of  a  "  recognition  " 
this  elector-at-large  obtained  for  his  services  in  the  great 
fraud.  —  He  was  made  a  clerk  in  the  New  Orleans  custom 
house  with  a  salary  of  $1,400  a  year.  He  held  the  same 
from  March  24,  1879,  till  his  death,  April  17,  1883. 

Peter  Joseph,  one  of  the  Hayes  electors  in  Louisiana, 
was  also  provided  for  in  the  custom  house,  at  a  still  lower 
rank  than  Burch  was  rewarded  with.  Joseph  was  made 
first  an  inspector  at  $3  per  diem,  and  a  year  later  was  made 
captain  of  the  night  watch  at  the  same  rate  of  pay.  He 
continued  to  hold  the  place  July  ist,  1885. 

Morris  Marks,  an  Israelite,  associated  with  Burch  and 
Joseph  on  the  Hayes  electoral  ticket  in  Louisiana,  fared 
better  than  they  did.  He,  probably,  owed  his  good  fortune 
to  the  fact  that  with  his  native,  characteristic  shrewdness  he 
not  only  knew  more  than  they  did,  but  knew  what  his 
knowledge  was  worth. 

It  would  have  been  difficult  to  conceal  from  a  fellow 
like  Marks  the  facts  concerning  the  forging  of  Levissee's 
and  Joffroin's  names  to  the  certificates  of  electoral  votes 
December  29,  1876.  He  came  to  Washington  at  an  op 
portune  time  —  just  when  McLin  and  Dennis  of  Florida 
were  unbosoming  themselves  and  the  Potter  committee  was 
being  created  by  the  House  of  Representatives.  He  went 
back  to  New  Orleans  commissioned  collector  of  internal 
revenue  for  the  State  of  Louisiana.  He  held  that  lucrative 
office  until  the  i3th  of  September,  1883  receiving  in  all  as 
salary  $19,557.  But  that  was  not  all  the  "  recognition  "  he 
received  —  he  was  made  register  of  the  United  States  land 
office  and  has  continued  to  draw  $500  a  year  and  a  com 
mission  of  i%  on  all  moneys  received. 


264  A    POLITICAL    CRIME. 

A.  B.  Levissee,  of  Shreveport,  La.,  was  a  Hayes  elec 
tor,  and  originally  a  decent  man.  He,  as  well  as  Oscar 
Joffroin,  were  not  in  New  Orleans  on  Dec.  28,  and  29, 
1876,  when  the  bogus  electoral  certificates  were  made  out 
and  signed  in  an  "  upper  room  "  of  the  State  House. 

Levissee  was  in  Shreveport  and  it  would  have  been  a 
physical  impossibility  for  him  to  have  reached  New  Or 
leans  at  that  season  of  the  year  even  if  he  had  been  re 
quested  to  come.  As  elsewhere  related,  his  name  was 
forged  six  times  by  some  one  of  eight  or  nine  men  who 
were  aware  of  his  and  JorTroin's  absence. 

Levissee  was  not  immediately  provided  for  by  the 
fraudulent  administration,  probably,  on  the  theory  that  he 
ought  not  to  have  put  his  friends  to  the  trouble  of  forging 
his  name.  However,  Levissee  came  to  Washington  in  the 
summer  of  1878  and  soon  made  it  so  very  interesting  that 
an  agent  of  the  department  of  justice  hunted  him  up  one 
day  and  wanted  to  know  what  would  stop  his  mouth. 
Levissee  replied  "  an  office  with  good  pay  and  not  much 
work."  He  got  it.  He  was  made  a  special  agent  of  the 
Treasury,  salary  $7  per  day  and  head-quarters  at  San  Fran 
cisco,  California.  He  held  this  till  July  15,  1881. 

Lionel  A.  Sheldon,  formerly  of  Ohio  and  who  carpet-bag 
ged  thence  to  Louisiana,  was  one  of  the  Hayes  electors. 
He  rendered  service  during  the  count  by  the  Returning  Board 
as  a  confidential  intermediary  between  the  visiting  statesmen 
and  his  "  carpet-bag  and  scallawag  "  associates.  He  re 
ceived  no  regular  "  recognition  "  till  his  friend  Garfield  be 
came  President,  when  he  was  made  Governor  of  the  Terri 
tory  of  New  Mexico.  He  held  the  office  four  years  and 
five  months  and  drew  from  the  Federal  Treasury,  $11,487.- 

5°- 

O.   H.   Brewster  was  one   of  the    Hayes    electors   in 


THE   PINKSTON    FRAUD.  265 

Louisiana.  He  lived  in  Monroe,  La.  He  learned  there 
that  a  depraved,  disreputable  negro  woman,  named  Eliza 
Pinkston,  had  made  an  affidavit  before  John  A.  Dinkgrave 
in  which  she  charged  certain  persons  with  having  mur 
dered  her  husband  and  her  child  and  alleged  that  they 
shot,  cut,  and  beat  herself.  Brevvster  hunted  up  Pinkston 
and  took  her  to  New  Orleans,  where  she  was  exhibited  and 
examined  before  the  Returning  Board  in  the  presence  of 
"  the  visiting  statesmen." 

But  between  the  time  Pinkston  made  her  affidavit 
before  Dinkgrave  in  Monroe,  and  her  appearance  before 
the  Returning  Board  in  New  Orleans  her  story  was  entirely 
changed.  It  was  greatly  enlarged  and  amplified  with  har 
rowing  and  horrifying  details,  and  the  various  crimes  of 
murder,  outrage,  and  attempts  at  murder,  were  charged 
upon  an  entirely  different  set  of  people.  Those  last  ac 
cused  of  the  crimes  were  the  leading  young  men  and  active 
democrats  of  Ouachita  parish.  The  original  affidavit  was 
filed  with  the  Returning  Board  on  Nov.  23d,  but  when 
Pinkston  came  in  person  with  a  new  and  more  startling 
story,  the  original  affidavit  was  destroyed  and  another  of 
the  date  of  Dec.  2d  substituted  therefor. 

It  would  have  been  embarrassing  even  to  Louisiana 
politicians  to  have  had  found  on  the  files  of  the  Returning 
Board  two  affidavits  by  the  same  person,  each  contradicting 
the  other.  It  is  unnecessary,  perhaps,  to  say  that  the 
Pinkston  incident  has  been  proved  by  overwhelming  and 
unimpeachable  evidence  to  have  been  not  only  false,  but  to 
have  been  gotten  up  deliberately  for  effect  on  the  public  mind. 

Brewster  was  rewarded  for  his  services  by  being  imme 
diately  reappointed  to  the  Federal  office  which  he  had  to 
resign  in  order  to  apparently  qualify  as  a  Presidential  Elec 
tor  —  the  position  of  Surveyor-general  of  Louisiana. 


266  A    POLITICAL    CRIME. 

S.  B.  Packard  was  the  Republican  candidate  for  Gover 
nor  of  Louisiana.  He  was  a  native  of  Maine  and  was 
made  United  States  Marshal  of  Louisiana  by  President 
Grant.  He  had  executed  the  orders  of  the  President, 
through  Attorney-general  Williams,  to  enforce  the  "  decrees 
and  mandates  of  the  United  States  courts,"  so  opportunely 
given  just  before  issuance  of  Judge  Durell's  infamous  mid 
night  order  in  Dec.  1872,  whereby  Kellogg  was  made  gov 
ernor  without  regard  to  the  fact  that  he  had  been  defeated 
by  the  people,  and  John  McEnery,  who  was  elected,  had 
been  granted  the  certificate  of  election  by  the  legally  con 
stituted  authority.  As  United  States  marshal,  Packard 
had  been  the  efficient  ally  of  Kellogg  and  his  creatures  in 
oppressing  and  robbing  the  unfortunate  people  of  Louisi 
ana. 

It  required  the  disfranchisement  of  a  less  number  *  of 
the  citizens  of  Louisiana  by  the  Returning  Board  to  count 
in  Packard  as  governor  than  it  did  to  make  a  majority  for 
several  of  the  Hayes  electors.  When  Hayes  reaped  the 
fruit  of  the  frauds,  forgeries,  and  perjuries  committed  in 
Louisiana  by  assuming  the  Presidency,  and  Kellogg  ob 
tained  his  seat  in  the  United  States  Senate  on  the  certificate 
by  Packard  that  he  had  been  duly  chosen  by  the  legisla 
ture —  the  same  legislature  that  was  made  by  the  Return 
ing  Board  at  the  very  time  the  Presidential  electors  were 
ground  out,  — it  is  not  surprising  that  Packard  should 
have  felt  confident  that  the  fraudulent  President  and  the 
Senate  of  the  United  States  would  be  compelled  to  sustain 
his  pretentions  to  be  governor. 

Packard  declined  to  step  down  and  out  at  the  request 
of  Stanley  Mathews,  who  had,  on  behalf  of  Hayes,  agreed 
that  Packard  should  be  abandoned  in  order  to  secure  the 

*  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  3d  Sess.  p.  1441,  1454,  1455. 


PACKARD    ABANDONED.  267 

assistance  of  certain  Southern  democrats  in  the  House  of 
Representatives  to  complete  the  count  of  the  electoral 
votes,  in  spite  of  a  minority  of  determined  democrats  who 
were  exerting  every  parliamentary  expedient  to  prevent  the 
ratification  of  the  wicked  decision  of  the  Electoral  Com 
mission. 

It,  therefore,  was  necessary,  since  Packard  would  not 
abandon  his  share  of  the  fruits  of  the  Louisiana  conspiracy, 
to  get  rid  of  him  in  another  way.  This  was  accomplished 
by  Hayes*  sending  a  commission  to  New  Orleans,  of 
course,  without  any  authority  of  law,  to  manage  the  fraud 
ulent  administration's  abandonment  of  its  twin  relic  of 
fraud  —  the  so-called  Packard  government  of  Louisiana. 
This  commission  consisted  of  John  M.  Harlan,  of  Ken 
tucky,  Wayne  MacVeagh,  of  Pennsylvania,  and  John  C. 
Brown,  of  Tennessee. 

On  its  arrival  in  New  Orleans  this  commission  found 
that  the  friends  of  the  Nichols  government  could  se 
duce  a  number  of  the  negro  members  of  the  Pac 
kard  legislature  and  that  in  this  way  the  quorum  of 
the  former  could  be  broken.  The  Packard  legislature 
never  had  a  legal  quorum.  Some  of  the  members  thereof 
were  honestly  elected  but  not  enough  to  make  a  quorum. 
To  supply  the  requisite  number  to  make  a  quorum  the  Re 
turning  Board  counted  in  candidates  who  had  been  de 
feated  at  the  polls.  The  quorum  of  Packard's  legislature 
having  been  broken  by  inducing  legally  elected  members 
to  desert  to  Nichols,  the  Federal  troops  were  ordered  to 
their  barracks  outside  the  city  and  Packard  and  his  few  re 
maining  followers  deserted  the  State  House  as  rats  leave  a 
sinking  ship. 

Notwithstanding  all  his  vaporings    Packard  gracefully 

*  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  3d  Sess.  p.  832. 


268  A    POLITICAL    CRIME. 

kissed  the  hand  that  smote  him  and  accepted,  what 
Mathews  had  termed,  "  consideration  and  position  "  in  the 
shape  of  the  Liverpool  consulate  which  was  worth  quite 
$15,000  a  year.  He  held  the  place  seven  years  and  pock 
eted  not  less  than  $105,000. 


HAHN    AND    McARDLE.  269 


CHAPTER  XIV. 


The  rewarding  of  the  registration  officers  :  Hahn  and  McArdle  were 
taken  care  of:  George  L.  Smith's  services  and  pay  therefor: 
Lewis,  Badger,  and  McMillan  get  their  "  sops  ":  The  character 
of  Jack  Wharton  :  His  evidence  as  to  the  corruptibility  of  J.  Mad 
ison  Wells :  His  mouth  sealed  by  the  U.  S.  marshalship :  Hugh 
J.  Campbell's  services  and  reward :  H.  Conquest  Clark,  Kellogg's 
private  secretary :  His  share  in  the  forging  of  electoral  certificates  : 
Still  a  pensioner  of  the  government :  Thomas  S.  Kelley,  Kellogg's 
negro  messenger,  still  a  clerk  in  the  second  auditor's  office  of  the 
Treasury  department :  Hardy  and  Smith  paid  for  their  rascality : 
C.  L.  Ferguson,  his  services  and  reward. 

MICHAEL  HAHN  was  state  registrar  of  voters,  the  chief 
executive  officer  under  the  registration  act.  But  in  reality 
this  officer  was  little  more  than  a  figure-head.  The  gover 
nor  had  the  appointment  of  all  the  subordinate  registration 
officers.  The  state  registrar's  power  was  merely  supervisory, 
and  practically  the  duties  of  the  office  were  discharged  by 
his  chief  clerk,  James  P.  McArdle,  assisted  by  D.  J.  M.  A. 
Jewett,  who  was  an  expert  in  the  manipulation  of  election 
and  registration  statistics  as  well  as  of  election  returns.! 
The  census  of  1875  was  taken  under  the  direction  of 
McArdle  and  Jewett,  and  the  results  manipulated  by  them 
to  show  the  largest  possible  number  of  negro  voters  in  the 
state. 

Hahn  had  been  the  first  provisional  governor  of  the 
state  under  the  Constitution  of  1864  and  was  not  an  inher 
ently  bad  man.  He  was  weak,  irresolute,  and  without 


2/0 


A    POLITICAL    CRIME. 


moral  courage.  So  far  as  he  dared  in  the  campaign  of  1876 
he  yielded  to  the  requests  of  the  Democratic  leaders  for 
fair  rulings,  but  the  registration  officers,  being  independent 
of  him,  obeyed  Jewett  who  was  secretary  and  manager  of 
the  Republican  committee  on  canvassing  and  registration. 

Sometime  in  May,  1878,  Hahn  came  to  Washington 
and  demanded  recognition.  The  Potter  committee  was 
soon  after  appointed  in  pursuance  of  a  resolution  passed 
by  the  House  of  Representatives  and  the  fraudulent 
administration  was  terror-stricken  thereby.  Hahn,  Levissee, 
and  some  others  of  the  Louisiana  crowd  were  immediately 
assured  that  they  would  receive  their  long  deferred  recog 
nition.  Hahn  was  appointed  superintendent  of  the  United 
States  mint  at  New  Orleans  June  25,  1878.  He  was  not 
confirmed  by  the  Senate  and  December  18,  1878,  yielded 
his  place  to  his  successor — having  received  only  $1,750. 

James  P.  McArdle  was  chief  clerk  and  real  head  of  the 
state  registrar's  office.  In  connection  with  D.  J.  M.  A. 
Jewett  he  manipulated  the  census  returns  of  1875  and 
managed  the  registration  of  voters  in  1876.  He  was  invalu 
able  after  the  election,  when  the  supervisors  of  registration 
came  to  New  Orleans,  in  stimulating  and  encouraging  them 
to  obey  the  behests  of  the  party  leaders  who  insisted  that  false 
affidavits  should  be  made  to  order  for  the  Returning  Board. 
McArdle,  Jewett,  and  Blanchard  were  the  first  to  see  the 
supervisors  on  their  arrival  in  New  Orleans,  because  they 
naturally  came  direct  to  the  office  of  the  state  registrar  to 
render  their  accounts  and  draw  their  pay. 

McArdle  was  appointed  October  6,  1877,  a  laborer  in 
the  custom  house  at  a  salary  of  $600  a  year,  and  August 
12,  1880,  was  appointed  to  a  clerkship  at  $1,200  per 
annum.  On  the  record  in  the  appointment  division  of  the 
Treasury  department  at  Washington,  under  McArdle's  name, 


GEORGE    L.    SMITH.  27! 

is  the  following  memorandum  in  lead  pencil  —  "not  to  be 

removed D.  J.   M.  A.   Jewett  interested;  letter  on  file 

April  10,  1880."  Diligent  search  of  the  correspondence 
files  of  the  Treasury  department  failed  to  reveal  Mr.  Jewett's 
letter.  It  had  been  removed,  doubtless  by  some  one  inter 
ested  in  its  suppression. 

George  L.  Smith  was  a  carpet-bagger  who  established 
himself  in  Shreveport,  Louisiana,  as  the  editor  and  proprie 
tor  of  a  newspaper  which  he  started  in  order  to  be  made 
state  printer  for  that  locality.  The  printing  law  authorized 
the  governor  to  appoint  a  state  printer  for  each  parish  in 
the  state  and  all  the  general  laws  enacted  by  the  legislature, 
as  well  as  all  local  transactions  by  the  parish  authorities, 
and  the  proceedings  of  all  corporations  and  municipal 
bodies,  had  to  be  published  at  rates  fixed  by  the  printing 
board  in  these  local  journals. 

Smith  made  money  at  the  expense  of  the  general  public 
and  was  elected  to  the  Forty-third  Congress  from  the  fourth 
congressional  district  of  Louisiana.  He  was  a  candidate  for 
reelection  in  1876.  Kellogg  gave  him  commissions  signed 
in  blank  for  such  supervisors  of  registration  as  he  might 
select  for  the  different  parishes  in  his  district. 

After  the  election  Smith  gathered  his  supervisors  at 
Shreveport  and  accompanied  them  to  New  Orleans.  One 
of  the  supervisors,  C.  L.  Ferguson,  of  De  Soto  parish, 
had  forwarded  his  returns,  as  the  election  law  directed,  by 
mail  to  the  Returning  Board.  The  others  carried  their 
returns  with  them  to  New  Orleans.  Arriving  there  Smith 
had  them  deposit  the  same  with  the  cashier  of  the  Post- 
office,  D.  D.  Smith,  who  locked  them  up  in  the  Post-office 
vault.* 

The  returns  from  De  Soto  parish  which  had  come  for- 
*  H.  R.  Mis.  Doc.,  No.  31,  45th  Cong.,  3d  Sess.,  p.  1442. 


2/2  A    POLITICAL    CRIME. 

ward  by  mail  were  stopped  in  the  New  Orleans  Post-office. 
On  the  night  of  November  24th,  1876,  according  to  the 
testimony  of  D.  J.  M.  A.  Jewett,  Smith,  Ferguson,  of  De 
Soto,  T.  H.  Hutton,  supervisor  of  Bossier,  and  John  T. 
Morrow,  supervisor  of  Webster,  D.  D.  Smith,  cashier  of  the 
Post-office,  Saml.  Gardner,  citizen  of  Webster  parish  and 
Fred  E.  Heath,  and  himself,  met  in  the  postmaster's  pri 
vate  office.  D.  D.  Smith  unlocked  the  vault  and  produced 
the  returns  from  De  Soto,  Bossier,  Cadclo,  and  Webster 
parishes. 

It  was  found  on  examination  that  the  votes  cast  at  cer 
tain  polls  in  these  parishes  would  have  to  be  thrown  out  to 
create  Republican  majorities.  George  L.  Smith  then  and 
there  had  the  supervisors  make  affidavits,  which  were 
draughted  by  Jewett,  against  the  returns  from  the  selected 
polls.  These  affidavits  were  done  up  with  the  parish  re 
turns  and  sent  forward  to  the  Returning  Board  the  next 
day.  In  the  case  of  Bossier  parish,  T.  H.  Hutton,  the 
supervisor,  falsified  the  record  by  interpolating  on  his  con 
solidated  statement,  which  had  been  sworn  to  before  the 
clerk  of  the  district  court  of  the  parish,  a  statement  im 
peaching  the  freedom,  fairness,  and  peaceable  character  of 
the  election  at  polls  i,  3,  5,  7,  and  8.  The  interpolation 
was  made  above  the  jurat  so  as  to  appear  to  have  been 
made  at  the  parish  town  before  the  oath  was  taken. 

For  this  and  like  services  George  L.  Smith  was,  May 
4,  1878,  appointed  collector  of  the  port  of  New  Orleans, 
and  held  the  office  till  February  20,  1879,  when  he  was 
succeeded  by  A.  S.  Badger.  The  amount  of  Smith's 
"  recognition  "  in  cash  was  $5,541.73. 

James  Lewis  was  one  of  Kellogg's  police  commissioners. 
The  metropolitan  police  of  New  Orleans  was,  by  an  act  of 
the  legislature,  passed  during  Kellogg's  term,  as  governor, 


LEWIS   AND    BADGER.  2/3 

made  a  part  of  the  state  militia.  It  was  the  only  body  of 
efficiently  organized  and  drilled  men  in  the  state  which 
could  be  relied  on  by  the  carpet-bag  authorities.  It  was 
composed  mostly  of  foreigners,  discharged  soldiers  of  the 
Union  army.  They  were  paid  by  taxes  imposed  upon  the 
citizens  of  New  Orleans,  and  so  long  as  their  pay  was 
liberal,  and  promptly  received,  they  would,  like  any  other 
mercenaries,  obey  orders.  They  served  as  guards  about 
the  State  House  during  the  count  by  the  Returning  Board, 
but  their  most  valuable  service  was  rendered  during  the 
registration  of  voters  in  New  Orleans,  and  on  election  day, 
by  assisting  the  supervisors  of  registration  in  preventing 
white  voters  from  registering  and  aiding  in  the  false  registra 
tion  and  voting  of  negroes. 

Lewis  was  appointed  naval  officer  of  the  port  of  New 
Orleans,  January  9,  1877,  and  held  the  office  till  Dec.  27, 
1880.  On  January  4,  1882,  he  was  appointed  superin 
tendent  of  custom-house  warehouses  which  he  held  till  May 
4,  1883.  He  received  "recognition"  to  the  amount  of 

$9>999-93- 

A.  S.  Badger  was  an  officer  in  the  Confederate  army 

and  achieved  some  distinction  in  the  service  of  the  rebel 
government.  He  was  appointed  by  Kellogg  commander- 
in-chief  of  the  Louisiana  militia  and  organized  and  rendered 
efficient  the  metropolitan  police  already  described.  He 
was  a  brave  man  and  one  of  the  most  respectable  of  the 
Louisianians  who  joined,  for  selfish  considerations,  the  car 
pet-bag  oppressors  and  plunderers.  He  was  in  command 
of  the  state  militia  at  the  time  of  the  count  by  the  Return 
ing  Board.  He  was  made  Postmaster  of  New  Orleans,  by 
Hayes,  July  19,  1878,  and  was  appointed  collector  of  cus- 
•  toms,  Feb.  20,  1879,  and  continued  in  that  office  till  July 
i,  1885.  His  total  salary  was  $43,800. 

18 


2/4  A    POLITICAL    CRIME. 

W.  L.  McMillan  was  a  native  of  Ohio.  He  migrated 
to  Louisiana  and  joined  his  political  fortunes  to  those  of 
Henry  C.  Warmoth,  the  first  carpet-bag  governor  of  the 
state.  He  was  a  liberal  republican  in  1872  and  was  elected 
to  the  United  States  Senate  in  1873  by  the  McEnery  legis 
lature,  but  the  Senate  did  not  recognize  his  election,  nor 
that  of  Pinchback,  by  the  Kellogg  legislature,  as  legal.  In 
1875  McMillan  joined  the  Kellogg  party  because  Hayes 
was  an  Ohio  man.  He  was  active  and  unscrupulous  and 
assisted,  to  the  extent  of  his  ability,  during  the  fraudulent 
count  by  the  Returning  Board,  and  was  appointed  by 
Hayes  pension  agent  at  New  Orleans  with  a  salary  of 
$3,400  per  annum. 

Jack  Wharton,  a  native  of  Maryland  who  settled  in 
Louisiana  before  the  civil  war,  and  served  with  Gen.  Pillow 
in  the  Confederate  army,  was  another  of  Warmoth's  adher 
ents  who  joined  Kellogg's  party  in  1874.  He  was  made 
Adjutant-general  of  the  state  militia  by  Kellogg. 

In  1868  and  '69  Wharton  lived  in  Northern  Louisiana 
and  was  accused  of  participation  in  a  massacre  of  negroes  in 
Bossier  parish  in  1868.*  He  was  a  prime  favorite  of  the 
debauchees  who  formed  the  official  social  life  of  New  Or 
leans  during  the  flush  times  of  carpet-bag  rule.  He  was  of 
the  Joe  Miller  order  of  story-tellers  and  his  vulgar  jests  and 
broad  stories  gave  him  the  reputation  of  a  wit  among  the 
depraved  men  and  women  who  constituted  the  court  circle 
of  New  Orleans  in  that  era  of  official  and  private  immo 
rality. 

To  provide  a  place  for  Wharton,  J.  R.  G.  Pitkin,  an  un 
scrupulous  partisan,  but  a  gentleman  in  breeding,  was  re 
moved  from  the  United  States  marshal's  office.  Wharton 
came  to  Washington  soon  after  the  inauguration  of  Hayes 

*  H.  R.  Mis.  Doc.  No.  31,  45th  Cong.  3d  Sess.  p.  1436. 


WHARTON    ON   WELLS.  2/5 

and  remained  during  the  summer  and  fall  of  that  year. 
He  was  a  constant  visitor  at  the  White  House  in  company 
with  George  A.  Sheridan,  another  Louisiana  buffoon  and 
vulgar  story-teller.  Mr.  Hayes  found  Wharton's  society 
congenial,  either  on  account  of  his  wit,  or  his  narratives  of 
the  heroic  service  he  had  rendered  as  Adjutant-general  of 
the  Louisiana  militia  during  the  critical  period  of  the  Re 
turning  Board's  count. 

Doubtless  Wharton  also  narrated  the  part  he  played, 
with  a  government  agent,  in  having  the  demands  of  J. 
Madison  Wells  for  money  satisfied.  When  Wharton  was 
examined  by  the  Potter  committee  he  reluctantly  related 
how  he  went  with  this  agent  to  Packard  and  told  him  that 
unless  Wells*  was  satisfied  he  was  afraid  he  would  not  go 
straight.  He  admitted  that  it  was  the  general  understand 
ing  that  Wells  compelled  the  state  authorities  to  cash  at 
par  a  lot  of  state  warrants,  which  he  held,  when  they  were 
worth,  in  the  market,  only  25  or  30%  of  their  face  value.* 
He  also  admitted  that  he  had  written  a  letter  in  which  he 
said  —  "  I  have  seen  Packard  and  talked  to  him  fully.  He 
thinks  that  old  Wells  is  trying  to  get  all  he  can,  be  it  little 
or  much  ;  that  Wells  would  sell  out  to  either  side."  *  He 
testified  that  that  statement,  as  made  in  his  letter,  was 
true ;  that  he  correctly  reported  Packard's  language. 

Wharton,  after  a  great  deal  of  evasion  and  prevarica 
tion,  admitted  that  it  was  proposed  to  give  Wells  a  local 
office,  which  would  be  in   Packard's*  gift,  if  he  became 
governor,    worth  from   $30,000  to   $40,000   a  year.     He 
"  saw  Packard  every  day  "  and  "  in  the  general  talk  Pack 
ard  expressed  a  good  deal  of  mistrust  as  to  Wells.     Pack 
ard  fluctuated.     Sometimes  he   believed  more    and  some- 
'  times   less."*     From  all   which   it   is   quite  evident   that 
*  H.  R.  Mis.  Doc.  No.  31,  45ht  Cong,  3d  Sess.  p.  1426-1431. 


2/6  A    POLITICAL    CRIME. 

Wharton  could  have  told  a  great  deal  more  than  he  did  to  the 
committee.  He  had  been  made  marshal  and  his  mouth 
was  sealed.  It  was  only  by  the  most  rigid  cross-examina 
tion,  conducted  by  Gen.  Butler,  that  a  small  part  of  the 
truth  was  extracted  from  this  reluctant  witness. 

Wharton  was  appointed  marshal  Dec.  3,  1877  and  held 
the  office  till  his  death  in  1881,  recieving  in  fees  about 
$30,000. 

Hugh  J.  Campbell  was  a  native  of  Iowa,  from  Scotch 
Presbyterian  stock  settled  in  Pennsylvania.  He  went  to 
Louisiana  after  the  war  and  became  one  of  the  most  un 
scrupulous  and  vindictive  of  the  carpet-bag  politicians. 
He  was  elected  to  the  state  senate  in  1868,  and  was  the 
author  of  the  original  election  law  of  1870,  which  was 
changed  in  none  of  its  essential  features,  save  as  to  the 
composition  of  the  Returning  Board,  by  the  act  of  1872. 
His  advocacy  in  the  state  senate  of  the  legislation  in  favor 
of  the  New  Orleans,  Jackson,  and  Great  Northern  Railway 
Company,  was  purchased  by  the  agent  of  Henry  S. 
McComb.*  He  was  appointed  a  judge  of  one  of  the  civil 
courts  of  New  Orleans  by  Kellogg.  His  services  after  the 
election  of  1876,  as  one  of  the  counsel  employed  in  the  cus 
tom  house  to  manufacture  so-called  evidence  for  the  Re 
turning  Board,  were  highly  appreciated  by  John  Sherman 
and  other  "  visiting  statesmen."  He  addressed  an  elabo 
rately  prepared  letter  to  Sherman  which  accompanied  the 
report  made  to  the  President  by  the  "  visiting  statesmen." 
It  narrates  the  history  of  the  Louisiana  election  law  and 
boldly  justifies  its  monstrous  provisions  and  defends  the 
conduct  of  the  Returning  Board. 

Campbell,  according  to  the  testimony  of  Kelley,  super 
visor  of  Richland  parish,  as  well  as  by  the  evidence  of 

*  H.  R.  Mis.  Doc.  No.  an,  420!  Cong,  zd  Sess.  pp.  475  to  482. 


CAMPBELL    AND    CLARK. 


Jewett,  was  largely  concerned  in  the  crime  by  which  a 
harmless  statement  made  by  that  officer  was  converted  into 
an  intimidation  affidavit.*  Among  the  chief  concocters  of 
outrage  and  intimidation  stories  Campbell  was  primus  inter 
pares.  He  was  able,  unprincipled,  and  terribly  vindictive. 
He  was  canny  where  self-interest  was  concerned.  In  the 
spring  of  1877  he  came  to  Washington  as  the  representative 
of  Packard,  and,  seeing  that  the  abandonment  of  his  client, 
by  the  fraudulent  administration,  was  inevitable,  he  did  not 
forget  himself.  He  secured  the  office  of  United  States 
District-attorney  for  Dakota  Territory,  in  May  1877,  which 
he  held  for  two  full  terms.  The  fees  of  the  office  are  large 
and  amounted  to  not  less  than  $48,000  during  his  two 
terms. 

H.  Conquest  Clark  went  to  New  Orleans  originally  as 
the  correspondent  of  the  New  York  Herald  and  became 
the  stenographer  and  private  secretary  of  Kellogg.  By 
Kellogg's  direction,  on  the  return  of  Tom.  Anderson  from 
Washington  on  the  28th  of  December,  1876,  bringing  back 
the  void  electoral  certificate  of  December  6th,  1876,  Clark 
undertook  the  preparation  of  a  certificate  of  electoral  votes 
for  President,  and  a  certificate  of  electoral  votes  for  Vice- 
President. 

Although  the  time  for  this  work  was  short  Clark  had 
these  two  certificates,  in  triplicate,  printed  from  the  same 
type  and  on  the  same  kind  of  paper  f  the  originals  were. 
He  got  up  the  governor's  certificate,  which  the  law  requires 
shall  be  attached  to  the  certificate  of  electoral  votes,  certi 
fying  that  the  electors  had  been  duly  chosen,  and  made 
them  appear  as  if  made  and  executed  on  December  6th, 
instead  of  December  29,  although  they  had  to  have,  in 

*  H.  R.  Mis.  Doc.  No.  31,  Part  2,  4$th  Cong.  3d  Sess.  pp.  1462-64-6$. 
t  Ibid,  p.  258. 


2/8  A    POLITICAL    CRIME. 

addition  to  the  governor's  signature,  the  counter-signature 
of  the  secretary  of  state  and  the  impression  of  the  state's 
great  seal. 

Having  gotten  the  electoral  certificates  ready  for  the 
signatures  of  the  late  electors  then  in  New  Orieans  Clark 
arranged  an  "  upper  room  "  *  in  the  State  House,  to  which 
the  individuals  could  go,  one  by  one,  to  affix  their  names. 
Two  of  the  late  electors,  A.  B.  Levissee  and  Oscar  Joffroin, 
were  not  in  the  city  t  and  provision  had  to  be  made  for  the 
forging  of  their  signatures  to  the  certificates.  Clark  ar 
ranged  the  order  of  the  "  stealing  up  "  to  the  upper  room 
by  the  men  who  were  obtainable,  so  that  their  signatures 
would  appear  on  the  forged  certificates  in  the  same 
sequence  as  on  the  original  of  December  6th. 

At  the  proper  time,  when  the  signatures  of  Levissee  and 
Joffroin  were  to  be  forged,  the  stealing  up  stairs  was  inter 
rupted  for  a  season.  The  work  of  forging  having  been 
finished  the  fellows  who  were  to  sign  last  stole  up  to  the 
upper  room  and  wrote  their  names.  The  object  of  this 
was,  in  the  event  of  discovery  at  any  time  in  the  future,  the 
last  signers  could  swear  that  when  they  signed  the  names 
of  Levissee  and  Joffroin  were  written  above  theirs. 

Clark  remained  with  Packard  until  his  bogus  govern 
ment  tottered  over  and  disappeared,  and  then  came  to 
Washington  where  he  was  provided  with  a  clerkship  in  the 
internal  revenue  bureau  through  Kellogg  at  a  salary  of 
$1,800  a  year.  He  held  this  place  till  November  14,  1882, 
when  he  was  made  secretary  of  the  Alabama  claims 
commission.  He  still  holds  this  position. 

B.  P.  Blanchard  was  executive  clerk  to  Kellogg  while 
he  was  governor.  He  was  originally  state  registrar  of 

*  H.  R.  Mis.  Doc.  No.  31,  Part  2,  45th  Cong.  3d  Sess.  p.  260. 
t  Ibid.  pp.  92,   1135. 


WHO    WAS   THE   FORGER  ?  279 

voters  before  Hahn  was  appointed.  As  an  expert  statisti 
cian  he  was  reputed  to  have  few  equals.  He  trained 
McArdle,  who  was  Hahn's  chief  clerk  in  r8y5  and  1876. 
During  the  campaign  of  1876  he  was  the  chief  adviser  of 
McArdle  and  Jewett  in  the  manipulation  of  the  registration 
of  voters. 

After  the  election  Blanchard  devoted  his  entire  time  to 
the  management  of  supervisors  as  they  came  to  New 
Orleans  with  their  returns.  Jewett  testified  *  that  when 
they  had  failed  to  induce  Kelley  of  Richland  parish  to 
make  an  affidavit,  Blanchard  and  himself  took  him  to  Kel- 
logg's  house  for  an  interview  with  the  governor.  The 
policeman,  who  was  on  night  duty  all  through  this  period 
at  Kellogg's  house,  testified  that  Blanchard  and  Jewett 
were  almost  nightly  at  Kellogg's  in  consultation  with  him 
and  frequently  Blanchard  was  there  till  a  late  hour  working 
on  papers  which  looked  like  election  returns. 

Thomas  S.  Kelley  the  mulatto  messenger  to  the  execu 
tive  office,  while  Kellogg  was  governor,  swore  t  before  the 
Potter  committee  that,  to  his  personal  knowledge,  Blanch 
ard  forged  Joffroin's  name  to  the  certificates  of  electoral 
votes  made  December  28th  in  the  upper  room  of  the  State 
House  December  29,  1876.  Jewett  {  swore  before  the 
same  committee  that  this  was  impossible  because  Blanchard 
and  himself  were  devoted  friends  and  kept  no  secrets  from 
each  other;  that  Blanchard  being  dead  Kelley  laid  the 
crime  on  him. 

It  does  not  matter  who  did  the  deed,  inasmuch  as  it 
could  not  have  been  done  without  the  fore-knowledge,  insti 
gation,  and  approval  of  Kellogg.  It  is  a  matter  of  small 

*  H.   R.  Mis.   Doc.   No.  31,  Part  2,  45th  Cong.  30!  Sess.  p.  1447. 
t  Ibid,  p  1147. 
|  Ibid,  p.  1440. 


280  A    POLITICAL    CRIME. 

concern  whether^  Blanchard   or    Kelley  or    Clark   did  the 
forging  —  they  were  all  Kellogg's  creatures  and  tools. 

Blanchard  was  appointed  a  clerk  in  the  New  Orleans 
custom  house  October  29,  1877,  at  a  salary  of  $1,400.  He 
died  of  yellow  fever  October  n,  1878. 

W.  R.  Hardy  was  one  of  the  lawyers  who  directed  the 
manufacture  of  affidavits  in  the  custom  house  for  use  before 
the  Returning  Board.  He  was  appointed  an  inspector  of 
customs  in  the  New  Orleans  custom  house  August  28, 
1877,  at  a  salary  of  $3  per  day  and  held  the  office  for  five 
years  —  realizing  $5,835. 

D.  D.  Smith  was  the  cashier  of  the  New  Orleans  Post- 
office,  and  was  present*  on  the  night  of  November  24,  1876, 
in  the  postmaster's  private  office,  when  George  L.  Smith, 
C.  L.  Ferguson,  T.  H.  Hutton,  John  W.  Morrow,  Saml.' 
Gardner,  D.  J.  M.  A.  Jewett,  and  Fred.  E.  Heath  made 
changes  and  alterations  in  election  returns,  got  up  affidavits, 
and  did  divers  other  villainy. 

The  returns  were  in  D.  D.  Smith's  custody  locked  up 
in  the  Post-office  vault  which  he  unlocked  and  produced 
therefrom  the  package  of  papers.  He  had  no  right  what 
ever  to  have  the  custody  of  election  returns  —  they  should 
have  been  in  the  charge  of  the  Returning  Board.  He  was 
retained  as  cashier  of  the  Post-office  until  George  L.  Smith 
was  made  collector  of  the  port  of  New  Orleans  when  he 
was  appointed  a  clerk  in  the  custom  house  and  held  the 
same  till  December  27,  1882  — salary  $2,500  a  year. 

C.  L.  Ferguson  was  made  supervisor  of  registration  of 
De  Soto  parish  by  George  L.  Smith,  who  had  blank  com 
missions  for  that  purpose  from  Governor  Kellogg.  He 
mailed  his  returns  from  Mansfield,  La.,  but  instead  of  the 
Returning  Board  receiving  them,  they  found  their  way  into 

*  H.   R.  Mis.  Doc.,  No.  31,  Part  2,  4sth  Cong.,  3d  Sess.  p.  1442. 


DOCTORING    RETURNS.  28 1 

the  custody  of  D.  D.  Smith,  cashier  of  the  New  Orleans 
Post-office,  who  kept  them  in  the  vault  thereof  until  the 
night  of  Nov.  24,  1876,  when  they  were  produced  for  in 
spection  by  George  L.  Smith,  and  D.  J.  M.  A.  Jewett, 
Ferguson  being  present.  * 

At  the  same  time  and  place  T.  H.  Hutton  and  John  W. 
Morrow,  supervisors  of  Bossier  and  Webster  parishes,  were 
present  to  "doctor"  the  returns  from  those  parishes. 
Jewett  says  that  on  inspection  it  was  found  that  a  Repub 
lican  majority  could  not  be  created  without  getting  rid  of 
the  votes  cast  at  polls  i,  3,  5,  7,  8,  De  Soto  parish;  that 
he  draughted  an  affidavit  for  Ferguson  embodying  the 
necessary  facts  —  such  as  Ferguson  and  Smith  furnished: 
that  Ferguson  swore  to  the  affidavit  he  had  drawn,  and 
this  was  rolled  up  with  the  returns,  the  envelope  re 
stored  to  its  original  appearance,  and  the  package  went  to 
the  Returning  Board  the  next  day  by  letter  carrier.* 

Jewett  swore  he  was  positive  that  the  envelope  bore 
"  registration  marks  "  showing  that  it  had  come  by  regis 
tered  mail  from  Mansfield,  and  that  it  was  addressed  to  the 
Returning  Board.  The  proceedings  of  the  Returning 
Board  for  Nov.  25,  as  published  in  the  Sherman  report 
show  that  on  that  day  the  returns  from  De  Soto  parish 
were  opened  and  that  Messrs.  Burke  and  McGloin,  Dem 
ocratic  counsel,  detected  the  affidavit  bearing  date  Nov. 
24,  along  with  the  supervisors  return,  which  purported  to 
have  been  mailed  at  Mansfield  on  Nov.  i4th.f  Thereupon, 
there  was  confusion,  and  Chas.  S.  Abell,  secretary  of  the 
board,  prompted  by  E.  W.  Stoughton,  "visiting  statesman," 
began  lying  in  the  most  vigorous  manner.  The  fact,  how 
ever,  is  disclosed  by  the  record  that  the  affidavit  made  in 

*  H.  R.  Mis.  Doc.  No.  31,  Part  2,  45th  Cong.  3d  Sess.  p.  1442-3. 
t  Senate  Ex.  D,oc.  No.  2,  44th  Cong.  2d  Sess.  pp.  88-9. 


282  A    POLITICAL    CRIME. 

the  post-office  on  the  previous  night,  as  detailed  by  Jewett, 
was  in  the  package  containing  the  De  Soto  returns. 

These  facts  prove  that  the  "  registered  package  "  com 
ing  forward  from  Mansfield  to  the  Returning  Board  was 
either  stopped  in  the  New  Orleans  post-office,  or  if  received 
and  receipted  for  by  the  secretary  of  the  Returning  Board, 
was  delivered  to  George  L.  Smith,  the  supervisor,  or  to  D. 
D.  Smith,  who  put  it  in  the  vault  of  the  post-office  and 
retained  it  until  it  was  "  fixed  "  on  the  night  of  Nov.  24th. 

Ferguson  was  appointed  by  George  L.  Smith  to  a  place 
in  the  New  Orleans  custom  house  at  a  salary  of  $800  a 
year  which  he  held  as  long  as  Smith  remained  collector. 


F.    A.    CLOVER.  283 


UNIVERSITY 


CHAPTER  XV. 


The  services  and  reward  of  "  a  roper-in  "  for  a  snake  show  :  The  diffi 
culty  Kellogg  had  in  getting  an  affidavit  from  M.  J.  Grady  :  Grady's 
services  and  reward  :  James  E.  Scott,  supervisor  of  Claiborne,  had 
to  be  "  induced  "  to  make  an  affidavit  :  James  E.  Anderson  and  the 
trouble  he  gave  carpet-baggers  and  visiting  statesmen  :  How  he 
was  feared  by  Sherman,  Evarts,  Stanley  Mathews,  and  Hayes  :  A 
long  list  of  minor  rogues—  Moore,  Kempton,  Maloney,  Leon, 
Rowan,  Underwood,  Creagh,  Brim  Loan,  Howard,  and  Swazey, 
their  services  and  the  rewards  they  received  :  Thomas  S.  Kelley, 
the  hold  he  had  upon  Kellogg  :  How  he  has  been  cared  for  :  The 
two  Dinkgraves,  Norton,  Dumont,  Chapman,  Sheradin,  Twitchell, 
Delacey,  Souer,  Dickerson,  Brown,  Milon,  de  Joie,  Jones,  and 
Johnson  —  what  they  did  and  what  they  got. 

F.  A.  CLOVER  came  to  New  Orleans  from  Mississippi, 
where  he  had  been  a  carpet-bag  member  of  the  legislature, 
as  the  manager  of  a  snake  show.  His  education  in  Mis 
sissippi,  and  training  as  a  "roper-in"  for  a  snake  show, 
seems  to  have  suggested  to  Kellogg  his  eminent  fitness  for 
the  supervisorship  of  the  parish  of  East  Baton  Rouge.  Ac 
cordingly  Kellogg  made  him  supervisor  of  registration  for 
that  parish. 

When  the  election  was  held  on  the  yth  of  November 
Clover  thought  it  would  be  a  good  thing  to  throw  out  the 
returns  from  polls  numbered  i,  3,  4,  5,  6,  7  and  n  and  get 
rid  of  1,136  Democratic  votes.  The  election  law  makes 
it  obligatory  upon  the  supervisor  of  registration  to  forward 


A    POLITICAL    CRIME. 


to  the  Returning  Board  the  returns  from  every  poll  made 
by  the  commissioners  of  election  and  to  embrace  them  all 
in  his  consolidated  statement  of  the  votes  of  the  parish. 
He  had  no  discretion  whatever,  but  must  perform  the  min 
isterial  duty  confided  to  him.  But  Clover,  without  any 
evidence  whatever  from  the  commissioners  of  the  respective 
polls  aforesaid  —  without  any  allegations  from  anyone  that 
the  elections  held  thereat  had  not  been  fair,  free  and  peace 
able,  refused  to  consolidate  the  votes  and  to  forward  the 
commissioners'  returns  to  the  Returning  Board. 

It  was  necessary  that  the  Board  should  have  some  evi 
dence  —  or  what  purported  to  be  evidence  —  before  them. 
Clover  had  made  out  his  consolidated  statement  at  Baton 
Rouge  and  swore  to  the  same  and  deposited  a  duplicate 
with  the  clerk  of  the  district  court.  He  did  not  make,  on 
the  consolidated  statement,  any  remarks  concerning  his  re 
fusal  to  compile  the  votes  from  polls  i,  3,  4,  5,  6,  7  and  u. 
When  he  reached  New  Orleans  he  discovered  that  he 
should  have  done  something  of  this  kind.  He  had  his  re 
turns  with  him  and  interpolated  above  the  jurat  made  in 
Baton  Rouge  the  statements  concerning  the  rejected  polls 
which  he  thought  would  be  plausible  reasons  for  their  rejec 
tion.  This  was  forgery  —  falsification  of  a  public  record. 
The  Returning  Board  accepted  the  work  of  Clover  as  a 
final  adjudication  of  the  case,  refused  to  send  for  the  re 
turns  and  ballot-boxes  for  the  polls  rejected,  and  not  only 
refused  to  count  the  votes  there  cast,  but  threw  out  those 
from  polls  13  and  14. 

Clover  like  Ferguson  not  only  escaped  punishment  for 
his  crime,  but  he  was  rewarded  by  being  made  assistant 
weigher  in  the  New  Orleans  custom  house  at  a  salary  of 
$1,200  per  annum  and  held  the  office  for  five  years,  ten 
months  and  twenty-two  days  —  receiving  in  all  $7,373. 


M.    J.    GRADY.  285 

M.  J.  Grady  was  made  supervisor  of  registration  for 
Ouachita  parish  by  Kellogg.  He  brought  his  returns  to 
New  Orleans  and  Jewett  testifies  was  only  induced  after 
repeated  interviews  with  Kellogg,  and,  as  Blanchard  in 
formed  him,  with  "  visiting  statesmen,"  to  make  an  affidavit 
impeaching  the  fair,  free,  and  peaceable  character  of  the 
election  in  Ouachita  parish. 

Jewett  says  that  Grady  was  actuated  by  fear,  but  that 
was  not  true.  He  was  not  a  resident  of  Ouachita  parish 
and  had  formerly  been  employed  in  the  New  Orleans  cus 
tom  house.  It  is  evident  that  he  wanted  guarantees  that 
he  would  be  rewarded  for  forswearing  himself.  He  was 
induced  to  make  the  required  affidavit.  He  knew 
nothing  of  the  Eliza  Pinkston  affidavit  made  in  Monroe, 
La.,  before  Dinkgrave,  or  of  the  occurrences  Pinkston 
narrated  therein,  at  the  time  he  filed  his  returns  with  the 
Returning  Board,  for  on  Nov.  23d  he  wrote  to  Chas.  S. 
Abell,  secretary,  as  follows  —  "Please  find  enclosed  the 
affidavit  of  Eliza  Pinkston  which  I  received  too  late  to  file 
with  my  returns.  Please  see  that  it  is  filed  with  my  re 
turns." 

The  record  of  the  proceedings  of  the  Returning  Board, 
as  published  in  the  Sherman  report,  shows  that  Grady  did 
not  file  his  returns  till  two  days  after  this  letter  was  written. 
It  is  evident,  therefore,  that  after  Pinkston  was  brought  to 
New  Orleans,  and  it  was  determined  to  have  her  tell  a  story 
entirely  different  from  the  one  she  swore  to  before  Dink- 
grave  in  Monroe,  that  Grady  withdrew  his  returns  from  the 
custody  of  the  Returning  Board,  in  order  to  suppress  the 
original  affidavit  of  Pinkston,  and  overlooked  his  letter  of 
November  23d  to  Mr.  Abell. 

For  his  services  Grady  was  first  made  register  of  the 
United  States  land  office  at  Monroe,  La.,  March  i,  1877, 


286  A    POLITICAL    CRIME. 

and  July  10,  1878,  was  appointed  deputy  collector  of  in 
ternal  revenue  for  part  of  Northern  Louisiana. 

James  E.  Scott  was  a  clerk  in  the  New  Orleans  Post- 
office  when  he  was  appointed  supervisor  of  registration  for 
Claiborne  parish. 

Jewett  testified  that  Scott  was  reluctant  to  make  an  affi 
davit  alleging  "  intimidation  "  in  that  parish  and  only  con 
sented,  after  much  solicitation,  to  forswear  himself.  He 
finally  made  an  affidavit  —  or  swore  to  one  which  had  been 
prepared  for  him,  impeaching,  in  a  vague  way,  the  charac 
ter  of  the  election  at  polls  i,  2,  3,  5,  u. 

Jewett  says  "  no  fact  was  stated  which  under  a  fair  con 
struction  of  the  law  would  have  given  the  board  jurisdic 
tion."  The  board  threw  out  the  votes  of  poll  3. 

Scott  after  he  made  his  affidavit  resumed  his  duties  as  a 
$900  clerk  in  the  New  Orleans  Post-office  and  was  still 
there  July  i,  1885. 

James  E.  Anderson,  who  was  appointed  supervisor  of 
registration  for  the  parish  of  East  Feliciana,  was  a  native 
of  Pennsylvania  and  was  taken  to  Louisiana  by  J.  Hale 
Sypher,  also  a  Pennsylvania!!  who  had  carpet-bagged  to 
New  Orleans. 

Anderson  held  a  position  in  the  New  Orleans  custom 
house  at  the  time  he  was  made  supervisor  of  East  Feliciana. 
He  was  an  unprincipled  young  fellow,  but  bright,  smart, 
and  boasted  "  the  cheek  of  an  army  mule."  He  was  in 
quisitive,  prying,  suspicious,  and  always  on  the  alert  to  dis 
cover  what  was  going  on  among  the  politicians.  His  pre 
sumption  was  great,  and  from  the  day  he  landed  in  New 
Orleans  he  expected  in  due  time  to  come  to  Congress. 

Anderson  was  anxious  to  be  made  supervisor  of  East 
Feliciana,  because  he  thought  he  could  make  himself  ser 
viceable  to  the  member  of  Congress  from  that  locality, 


EAST   FELICIANA.  28/ 

Chas.  E.  Nash,  a  colored  man.  But  when  he  reached  the 
parish  he  discovered  that  while  Nash's  negro  friends  wanted 
an  election  held,  the  white  republicans  did  not  want  one. 

Both  sides  wanted  Anderson  to  act  with  them,  and 
when  he  took  sides  with  the  colored  leaders  the  white  men* 
tried  to  run  him  out  of  the  parish.  Anderson  alleged  that 
they  waylaid  him  one  night  and  attempted  to  kill  him.  He 
left  and  came  to  New  Orleans  where,  as  he  averred,  he 
soon  discovered  that  Kellogg,  Jewett,  and  the  rest  of  the 
Republican  managers,  did  not  want  an  election  held  in 
certain  parishes,  including  East  Feliciana. 

The  democrats  insisted  upon  Anderson's  return  and 
finally  Kellogg  gave  him  a  written  order  to  go  back,  but 
Jewett,  so  Anderson  swears,  and  Jewett  more  than  half 
admits,  told  him  to  stay  in  New  Orleans.  He  finally  went 
back  and  completed  the  registration  and  appointed  the 
commissioners  of  election.  He  avers  that  Kellogg  urged 
him  to  manage  to  have  all  the  negroes  vote  at  a  few  polls 
which  could  be  so  located  as  to  enable  the  bulk  of  them  to 
attend  on  election  day,  and  to  have  disturbances  created  at 
the  Democratic  polls  whereby  the  votes  cast  there  could 
be  thrown  out.  This  he  did  not  attempt. 

It  would  have  been  quite  easy  to  have  executed  such  a 
plan  if  there  had  been  perfect  accord  between  the  colored 
and  white  leaders  and  all  the  negroes  were  determined  to  vote 
the  Republican  ticket.  Neither  of  these  conditions  existed. 

The  election  was  fair,  free  and  peaceable,  and  the  dem 
ocrats  carried  the  parish  by  a  large  majority.  Anderson 
made  his  returns  in  due  form  and  mailed  them  to  the  Re 
turning  Board  as  the  law  directs.  He  came  to  New 
Orleans,  and  all  the  testimony  agrees  that  he  proclaimed 
that  there  was  no  just  ground  for  contesting  the  election  in 
his  parish. 


288  A    POLITICAL    CRIME. 

There  is  disagreement  as  to  whether  he  made  the  pro 
test,  or  affidavit,  which  appears  in  the  Sherman  report. 
Anderson  swears  that  he  did  not,  and  Pitkin  and  Camp 
bell  that  he  did.  But  Pitkin  says  that  after  he  had  made 
it  Anderson  wanted  to  withdraw  it,  and  raised  a  great  row, 
because  he  was  not  allowed  to  have  it.  Burke  testified 
that  Anderson  came  to  him  and  offered  for  a  sum  of  money 
to  furnish  the  evidence  which  would  establish  beyond  con 
troversy  that  the  election  was  fair,  free,  and  peaceable,  and 
was  honestly  won  by  the  democrats.  There  can  be  no 
question  that  Anderson's  conduct  caused  the  republicans 
serious  uneasiness. 

It  would  have  been  embarrassing  to  have  a  supervisor 
go  back  on  them  after  he  had  made  an  affidavit.  There 
can  be  no  doubt  that  every  effort  was  made  to  control  him. 
He  was  restored  to  his  old  place  in  the  custom  house  at  a 
salary  of  $1,400  a  year  November  17,  1876. 

C.  E.  Nash,  the  colored  candidate  for  Congress,  en 
tered  into  a  written  agreement  with  him  on  November  21 
wherein  he  stipulated  to  secure  for  Anderson  the  appoint 
ment  of  naval  officer  of  the  port  of  New  Orleans  in  consid 
eration  "  that  the  said  Anderson  shall  suppress  evidence 
showing  that  the  said  parish  of  East  Feliciana  was  fairly 
carried  by  the  Democratic  party  at  the  election  held 
November  7,  1876,  thereby  electing  the  entire  Democratic 
state  ticket  and  Congressmen." 

Anderson  asserted  that  the  Nash  agreement  was  of  little 
moment  so  far  as  he  was  concerned;  that  he  was  only  in 
duced  to  forego  his  purpose  of  exposing  the  conspiracy  to 
count  in  the  Hayes  electors  and  the  Republican  state  ticket, 
congressmen,  and  members  of  the  legislature  by  the  written 
assurances  he  and  a  friend,  Don.  A.  Weber,  supervisor  of 
the  parish  of  West  Feliciana,  received  from  John  Sherman. 


"HANDLING   PITCH."  289 

It  is  not  worth  while  to  consider  the  probabilities  of 
Anderson's  story  about  the  Sherman  letter  as  he  detailed  it 
with  great  elaborateness  and  many  evident  contradictions 
to  the  Potter  committee.  The  only  important  question  we  are 
concerned  with  is,  would  John  Sherman  have  written  such  a 
letter  as  Anderson  claimed  he  did  ?  Upon  this  point  Sher 
man  himself  has  foreclosed  inquiry.  When  called  as  a  witness 
by  the  Potter  committee,  while  giving  it  as  his  best  recol 
lection  that  he  had  not  written  the  original  of  the  copy 
which  was  shown  him,  he  volunteered  the  declaration 
that  he  would  have  written  "  some  of  the  things  "  in  the 
letter  it  if  he  had  been  asked  to  do  it.  No  doubt  he  would. 
Anderson  was  dangerous.  He  had  to  be  quieted ! 

All  the  subsequent  dealings  with  Anderson  by  Stanley 
Mathews,  John  M.  Harlan,  Sherman,  Evarts,  and  Hayes 
himself,  prove  that  they  considered  him  dangerous  and 
wanted  to  quiet  him.  They  appointed  him  consul  to 
Funchal  but  he  would  not  accept.  He  placed  a  high  value 
on  himself  and  the  more  efforts  they  made  to  satisfy  him 
the  higher  he  advanced  his  pretensions.  They  finally 
decided  that  he  would  not  keep  faith  •  that  he  was  merely 
leading  them  on  step  by  step  and  meant  to  betray  them  in 
the  end  and,  therefore,  dropped  him.  Then  he  unbosomed 
himself,  and,  to  break  the  force  of  his  disclosures,  it  was 
necessary  to  prove  him  a  great  scoundrel  and  an  awful  liar. 
But  in  doing  this  his  late  friends  only  did  what  those  who 
handle  pitch  do  —  defiled  themselves! 

W.  J.  Moore,  was  assistant  supervisor  of  registration  of 
the  seventh  ward,  New  Orleans.  The  record  of  his  con 
nection  with  the  custom  house,  as  it  exists  in  the  appoint 
ment  division  of  the  Treasury  department,  is  interesting  on 
two  accounts,  first,  because,  it  shows  the  kind  of  men  Kel 
logg  appointed  as  registration  officers,  and  second,  because 

19 


290  A    POLITICAL    CRIME. 

it  proves  that  Moore  drew  two  ^salaries  at  the  same  time. 
From  June  20,  1875,  to  April  12,  1876,  he  drew  a  salary  of 
$600  per  year,  and  from  June  17,  1875  he  drevv  $2  per 
day  as  a  night  inspector.  After  the  election  he  was  made 
a  guager  in  the  internal  revenue  office  and  held  the  place 
till  July  13,  1880. 

A.  W.  Kempton  was  commissioner  of  election  at  poll 
No.  2,  eleventh  ward,  New  Gleans.  He  arbitrarily  refused 
to  sign  the  returns,  and  thereby  gave  the  assistant  super 
visor  an  opportunity  to  refuse  to  include  the  return  from 
this  poll,  in  his  consolidated  statement.  He  had  no  right 
to  so  do,  but  any  pretext  was  sufficient  to  excuse  a  viola 
tion  of  law,  provided,  thereby  Democratic  electors  were  dis 
franchised. 

Kempton's  reason  for  refusing  to  sign  the  return  was 
that  he  had  been  intimidated  after  the  votes  had  been  cast 
and  counted.  It  was  a  mere  subterfuge  —  the  object  was 
to  get  rid  of  413  Democratic  votes.  He  was  rewarded  by 
an  appointment  in  the  custom  house  at  a  salary  of  $720  a 
year,  which  he  held  till  September  6,  1878.  For  twenty-five 
days  he  drew  double  salary,  having  been  made  August  12, 
1878,  an  assistant  weigher  at  $1,200  a  year.  On  the  record 
of  the  appointment  division  of  the  Treasury,  under  Kemp- 
ton's  name,  appears  this  memorandum  hi  lead  pencil "  not 

to  be  removed  —  D.  J.  M.  A.  Jewett  interested  —  letter  on 
file  April  10,  1880."  This  letter,  which  was  on  file  April 
10,  1880,  cannot  now  be  found  in  the  correspondence  files 
of  the  Treasury  department. 

P.  J.  Maloney,  assistant  supervisor  of  registration  of  the 
fourteenth  ward,  New  Orleans,  was  at  the  same  time  an 
employe  in  the  custom  house.  He  was  transferred  to  the 
internal  revenue  service  October  6,  1878,  where  he  re 
mained  till  January  i,  1881. 


A    BATCH    OF    ROGUES.  29 1 

Thos.  Leon,  assistant  supervisor  of  registration  of  the 
eighth  ward,  New  Orleans,  was  an  employe  of  the  custom 
house  —  a  night  inspector  —  salary  $3  per  day. 

T.  H.  Rowan,  assistant  supervisor  of  registration,  tenth 
ward,  New  Orleans,  was  at  the  same  time  a  custom  house 
employe  and  held  on  till  1883,  salary  $3  per  day. 

Napoleon  Underwood,  assistant  supervisor  of  registra 
tion,  twelfth  ward,  New  Orleans,  was  appointed  night  in 
spector,  custom  house,  April  23,  1878,  $3  per  day  salary. 

Patrick  Creagh,  assistant  supervisor  of  registration, 
third  ward,  New  Orleans,  was  at  the  same  time  clerk  of  a 
police  court.  He  was  appointed  June,  1879,  storekeeper, 
custom  house,  salary  $1,460  a  year  and  was  still  drawing 
the  salary  July  i,  1885. 

A.  J.  Brim,  assistant  supervisor  of  registration,  second 
ward,  New  Orleans,  was  at  the  sam'e  time  an  employe  of 
the  custom  house.  He  arbitrarily  and  illegally  refused  to 
consolidate  with  the  returns  from  other  polls  the  vote  cast 
at  poll  No.  6  whereby  248  Democratic  electors  were  dis 
franchised.  He  continued  to  hold  his  place  in  the  custom 
house  till  August  12,  1877. 

W.  F.  Loan,  assistant  supervisor  of  registration,  fifteenth 
ward,  New  Orleans,  was  chief  of  Kellogg's  metropolitan 
police,  a  state  as  well  as  municipal,  a  state  constabulary  as 
well  as  city,  organization.  It  was  especially  intended  to 
serve  partisan  purposes,  and  was  unscrupulously  used  to 
assist  the  registration  officers  in  1876  in  affecting  a  fraudu 
lent  negro  registry  in  New  Orleans.  As  a  reward  for  his 
services,  Loan  was  appointed  January  19,  1877,  inspector 
in  the  custom  house  at  a  salary  of  $3  per  day,  and  May  7, 
1878,  was  promoted  to  be  assistant  weigher  with  a  salary  of 
$1,200  per  annum.  July  i,  1885,  he  was  still  in  the  New 
Orleans  custom  house. 


A    POLITICAL    CRIME. 


R.  C.  Howard,  assistant  supervisor  of  registration, 
fourth  ward,  New  Orleans,  was  at  the  same  time  a  clerk  in 
the  post-office  of  that  city  with  a  salary  of  $720  per  year, 
and,  unless  recently  discharged,  still  holds  the  place. 

George  A.  J.  Swazey,  was  a  negro  member  of  the  legis 
lature  from  West  Feliciana  parish  for  a  number  of  years. 
He  was  a  notable  example  of  the  influence  of  evil  sur 
roundings  and  corrupting  examples  on  the  negroes.  He  is 
about  one-fourth  white  and  was  one  of  the  most  useful 
tools  Kellogg  had  in  the  legislature.  He  and  Louis  J. 
Souer  were  the  "  bosses  "  of  the  negro  members  of  the 
legislature,  and  regulated  the  price  of  their  votes.  They 
made  contracts  and  delivered  "  the  goods."  Swazey  was 
efficient  in  1876  in  marshalling  negroes  to  the  custom  house 
for  "  the  affidavit  mill."  He  brought  his  men  trained  to 
answer  affirmatively  all  questions  propounded  to  them. 
Souer  and  Swazey  "  corralled  "  and  held  the  negro  legisla 
tors  for  Kellogg  when  that  worthy  was  elected  to  the 
senate  in  January  1877.  When  Spofford  contested  Kel- 
logg's  seat  Swazey  was  the  latter's  chief  lieutenant  in  man 
aging  his  negro  witnesses. 

Swazey  was,  July  i,  1885,  a  night  inspector  in  the  cus 
tom  house  at  $2  per  day  having  held  office  continuously, 
with  the  exception  of  nine  months,  for  five  years. 

Thomas  S.  Kelley  was  the  negro  messenger  of  the 
executive  office  under  Kellogg.  He  is  a  spruce  and  intel 
ligent  mulatto. 

When  the  Packard  government  went  to  pieces  in  the 
spring  of  1877,  Kelley  was  neglected.  His  extravagant 
habits  soon  consumed  all  his  substance  and  when  the  Pot 
ter  committee  began  its  work  of  investigating  the  frauds  of 
1876,  Kelley  indicated  his  purpose  of  telling  what  he  knew 
about  the  forgery  of  electoral  votes  in  December,  1876* 


A  BAD  NEGRO'S  REWARD.  293 

He  wrote  to  Hon.  Clarkson  N.  Potter  from  Lake  Provi 
dence,  Louisiana,  where  he  was  staying,  on  June  9,  1878, 
stating  that,  if  protected,  he  would  tell  who  forged  the 
names  of  A.  B.  Levissee  and  Oscar  JofTroin  to  the  certifi 
cates  of  electoral  votes  manufactured  in  the  State  House 
December  28  and  29,  1876. 

On  June  22,  Kelley  was  subpoenaed  to  appear  in  New 
Orleans  to  testify  before  a  sub-committee  of  the  Potter 
committee,  but  the  very  day  the  subpoena  was  served  on 
him  James  D.  Kennedy,  a  negro  employe  of  the  sergeant- 
at-arms  of  the  Senate,  arrived  at  Lake  Providence,  having 
been  sent  by  Kellogg,  and  induced  Kelley  to  go  to  Wash 
ington  with  him.  Kennedy  furnished  the  money  for  ex 
penses.  Arriving  in  Washington  Kelley  was  maintained 
at  Kellogg's  expense,  the  money  being  paid  through  John 
A.  Walsh,  a  banker  at  916  F  street  who  had  recently  come 
from  New  Orleans  where  he  had  been  the  chief  financial 
supporter  of  the  Packard  government. 

From  July  to  Dec.  16,  1879,  Kelley  was  supported  by 
Kellogg  through  the  medium  of  Walsh.  On  Dec.  16, 
1879,  Kelley  was  placed  on  the  pay-roll  of  the  New  Or 
leans  custom  house,  although  he  was  then  in  Washington 
and  remained  there  for  more  than  three  months  rendering 
no  service  in  New  Orleans. 

The  record  of  the  appointment  division  of  the  Treasury 
department  shows  that  Kelley  was  appointed  a  clerk  in 
the  New  Orleans  custom  house  on  Dec.  16,  1879  and  that 
he  continued  on  the  pay-roll  there  until  March  4,  1880, 
when  he  was  appoinied  on  the  recommendation  of  Kellogg 
by  direction  of  John  Sherman  a  clerk  in  the  second  au 
ditor's  office,  Washington,  D.  C.,  at  a  salary  of  $1,000  a 
year.  On  Oct.  30,  1883,  at  the  instance  of  Kellogg,  he 
was  promoted  to  $1,200  a  year,  and  he  is  now  a  second- 


294  A    POLITICAL    CRIME. 

class  clerk  in  the  same  office  receiving  a  salary  of  $1,400 
per  annum. 

When  Kelley  was  examined  by  the  Potter  committee 
January  ir,  1879,  he  said  he  knew  positively  that  A.  B. 
Levissee  and  Oscar  Joffroin  were  not  in  New  Orleans  Dec. 
28  and  29,  1876;  that  being  the  messenger  of  Kellogg 
he,  with  H.  Conquest  Clark,  had  charge  of  the  forged  cer 
tificates  of  electoral  votes  on  those  days  and  that  no  signa 
tures  were  attached  to  the  same  till  Dec.  29;  that  they 
were  on  that  day  kept  in  a  room  on  the  third  floor  of  the 
State  House  and  that  the  late  electors  except  Levissee  and 
Joffroin  went  up,  one  by  one,  either  in  his  company,  or 
with  H.  Conquest  Clark,  and  signed  their  names  ;  that  he 
did  not  see  all  who  signed,  but  saw  them  in  the  State  House 
and  two  of  them,  Brewster  and  Joseph,  he  sent  after;  he 
declined  to  say,  whether  or  not,  he  forged  the  names  of 
Levissee  and  Joffroin,  his  reason  therefor  being  that  if  he 
admitted  he  did  people  would  say  he  was  a  fool  for  admit 
ting  it,  and  if  lie  said  he  did  not,  nobody  would  believe 
him.  He  would  not  say  that  his  answers  would  criminate 
him.  He  requested  a  few  days  delay  in  which  to  consult 
counsel,  which  was  granted  him.  He  professed  to  be  fa 
miliar  with  the  signatures  of  Levissee  and  Joffroin  and  said 
he  was  positive  those  purporting  to  be  theirs  on  the  second 
set  of  certificates  of  electoral  votes  were  not  genuine. 

Levissee  had  testified  June  6,  1878,  that  he  signed  but 
one  set  of  certificates,  and  on  being  shown  what  purported 
to  be  his  signatures  on  a  second  set,  he  said  they  were  for 
geries,  and  very  poor  and  awkward  imitations;  that  he  left 
New  Orleans  on  the  22nd  or  23d  of  December,  1876,  and 
on  the  28th  and  2gth  lie  was  in  Shreveport,  Louisiana. 

On  January  14,  1879,  Kelley  again  appeared  and  was 
examined  by  the  Potter  committee.  He  then  said  that  he 


WHO    DID     THE    FORGING?  295 

did  not  forge  the  signatures  of  A.  B.  Levissee  and  Oscar 
Joffroin  to  the  forged  certificates  of  electoral  votes  on  De 
cember  29,  1876;  after  much  fencing  and  prevaricating,  he 
said  that  B.  P.  Blanchard,  Kellogg's  executive  clerk, 
forged  Joffroin's  signature. 

Kelley's  story  of  how  he  knew  this  was  altogether  im 
probable.  He  said  he  came  into  the  "  upper  room  "  in  the 
State  House  where  the  certificates  were  and  found  Blanch 
ard  sitting  at  the  table;  that  he,  Kelley,  went  to  the  fire 
place  and  took  a  seat.  Presently  Blanchard  remarked : 
"  How  is  that  for  high  ?"  whereupon,  he,  Kelley,  got  up, 
went  to  the  table  and  saw  the  papers  before  Blanchard, 
Joffroin's  name  was  written,  and  the  ink  not  dry;  that  not 
another  word  was  spoken;  that  when  he  came  into  the 
room  he  did  not  observe  that  Blanchard  was  doing  any 
thing  save  sitting  at  the  table  —  did  not  notice  any  papers; 
that  he  did  not  see  Blanchard  writing  after  he  sat  down  at 
the  fire,  and  did  not  look  up  or  look  round,  till  he  heard 
"  how  is  that  for  high,"  coming  from  Blanchard. 

Being  subjected  to  a  most  rigid,  skilful  cross-examina 
tion  by  Gen.  B.  F.  Butler,  Kelley  was  made  to  appear  in 
a  very  bad  light  as  a  witness.  Any  one  who  reads  this  ex 
amination  will  be  convinced  that  the  witness  was  lying 
from  beginning  to  end. 

John  H.  Dinkgrave,  a  resident  of  Monroe,  Louisiana, 
was  the  commissioner  before  whom  was  executed  the 
original  affidavit  of  Eliza  Pinkston  —  the  one  which  M.  J. 
Grady,  supervisor  of  Ouachita  parish,  forwarded  to  the  Re 
turning  Board,  November  23,  1876,  and  which  was  sup 
pressed,  and  another,  prepared  in  New  Orleans,  December 
2,  1876,  telling  a  different  story,  was  substituted.  Dink- 
grave  was  appointed  deputy  collector  of  internal  revenue  at 
Monroe,  La.  Salary  $1,500  a  year. 


296  A    POLITICAL    CRIME. 

W.  H.  Dinkgrave,  who  was  also  a  party  to  the  Pink- 
ston  fraud,  was  appointed  a  clerk  in  the  New  Orleans  cus 
tom  house  April  2,  1879,  salary  $1,600  a  year,  and  held 
the  place  till  he  resigned  October  n,  1882. 

•  Geo.  L.  Norton,  assistant  adjutant-general  of  Kellogg's 
militia,  at  the  time  of  the  count  by  the  Returning  Board, 
was  appointed  supervising  inspector  of  steamboats  at  a 
salary  of  $3,000  a  year. 

A.  J.  Dumont,  chairman  of  the  Republican  campaign 
committee  of  Louisiana  in  1876,  was  appointed  an  inspec 
tor  of  the  New  Orleans  custom  house,  May  7,  1878,  and 
March  24,  1879,  was  made  a  deputy  collector  of  customs, 
salary  $3,000,  which  place  he  held  till  he  committed  suicide 
in  June,  1885. 

Sam'l.  Chapman,  sheriff  of  East  Feliciana  parish,  and 
in  charge  of  negro  affidavit-makers  from  that  parish,  in 
1876,  held  a  position  in  the  New  Orleans  custom  house 
from  Oct.  6,  1877,  to  April  22,  1878,  salary  $600  a  year. 
George  A.  Sheradin,  a  native  of  Ohio,  a  Louisiana  car 
pet-bagger,  a  personal  friend  of  R.  B.  Hayes,  who  helped 
to  consummate  the  frauds  in  Louisiana  by  which  the  elec 
toral  vote  of  that  state  was  secured,  was  appointed  by 
Hayes  recorder  of  deeds  for  the  District  of  Columbia,  an 
office  worth  $10,000  a  year,  May  25,  1878,  and  held  the 
same  for  four  years,  and  also  enjoyed  large  emoluments 
from  fraudulent  contracts  under  Thos.  J.  Brady,  Second  as 
sistant  Postmaster-general. 

W.  H.  Twitchell,  a  state  senator  from  parish  of  Natchi- 
toches,  Louisiana,  for  several  years,  was  appointed  consul 
to  Kingston,  Canada,  in  1877,  salary  $1,500  a  year  and 
extra  fees. 

It  was  shown  during  the  investigation  by  the  Potter 
committee  that  Twitchell  was  one  of  the  most  corrupt  of 


KELLOGG'S  CATTLE.  297 

the  carpet-bag  members  of  the  legislature ;  and  it  was 
proved  in  the  Spofford- Kellogg  contest  that  he  admitted 
the  purchase  of  his  vote  for  Kellogg. 

W.  J.  Delacey,  a  member  of  the  legislature  who  voted 
for  Kellogg  in  1877,  admitted  in  an  affidavit  that  he  was 
paid  therefor.  Upon  retracting  this  affidavit  —  that  is 
after  swearing  that  he  swore  falsely  in  the  affidavit  —  he 
was  appointed  an  inspector  in  the  New  Orleans  custom 
house,  salary  $90  a  month. 

Lewis  J.  Souer,  a  member  of  the  legislature  counted  in 
by  the  Returning  Board,  admitted  in  the  Spofford- Kellogg 
contest  that  in  order  to  keep  a  quorum  present  till  Kellogg 
could  be  elected  United  States  Senator,  he  cashed  at  par 
members'  pay-certificates  which  could  not  be  sold  for  any 
thing  on  the  market.  He  was  appointed  an  appraiser  in  the 
custom  house,  salary  $3,000. 

Vincent  Dickerson,  Chas.  F.  Brown,  A.  E.  Milon,  Ar- 
istidie  de  Joie,  Milton  Jones,  J.  J.  Johnson,  who  made  affi 
davits  in  which  they  confessed  to  having  been  bought  to 
vote  as  members  of  the  legislature  for  Kellogg  to  be  United 
States  Senator,  were  all  appointed  to  places  in  the  New  Or 
leans  custom  house  upon  retracting  their  affidavits.  There 
were  in  all  34  *  members  of  the  Packard  legislature  who 
voted  for  Kellogg  appointed  in  the  New  Orleans  custom 
house  —  the  refuge  for  almost  every  scoundrel  in  Louisiana, 
who  had  anything  to  do  with  the  great  fraud  of  1876. 

*  See  Senate  Mis.  Doc.  No.  79,  46th  Cong,  ad  Sess.  pp.  21  to  35,  for 
all  that  relates  to  the  period  previous  to  Kellogg's  putting  witnesses  in 
custom  house. 


298  A    POLITICAL    CRIME. 


CHAPTER  XVI. 


The  Roll  of  American  dishonor  :  The  centennial  era  of  the  Republic 
disgraced  :  The  apology  of  the  instigators  and  promoters  of  the 
Great  Fraud  analyzed  :  The  facts  which  have  been  proved  against 
"  the  visiting  statesmen  :"  The  Florida  case  :  The  Louisiana  case: 
A  shameful  story  :  The  dishonesty  of  the  defense  put  forward  by 
"  the  visiting  statesmen  :"  Their  names  linked  for  all  time  to  those 
of  the  Louisiana  and  Florida  rogues:  Retributive  justice:  How  all 
the  chief  beneficiaries  of  the  Great  Fraud  feared  exposure :  Mathev/s 
and  Jim.  Anderson  :  General  Grant  knew  the  Louisiana  rogues 
and  was  prepared  to  believe  them  capable  of  any  villainy. 


THE  roster  of  visiting  statesmen,  of  the  Returning  Board 
rascals  and  their  relatives,  of  the  state  officers,  and  of 
subordinate  rogues ;  the  recounting  of  their  many  crimes, 
their  frauds,  perjuries,  and  forgeries  by  which  the  electoral 
votes  of  Florida  and  Louisiana  were  counted  for  Hayes 
and  Wheeler;  the  enumeration  of  the  rewards  bestowed 
upon  the  instigators  and  promoters,  the  aiders  and  abettors, 
and  the  perpetrators  of  those  crimes,  might  appropriately 
be  termed  the  Roll  of  American  dishonor.  What  a  shame 
ful  record  it  is ! 

There  have  been  periods  in  the  political  history  of 
England  when  parliamentary  elections  were  a  mockery, 
and  the  prostitution  of  patronage,  and  the  bestowal  of  the 
monarch's  favors  were  a  scandal  and  disgrace.  But  the 
history  of  English  politics  will  be  searched  in  vain  for  ex 
amples  of  political  infamy,  of  official  degradation  compara- 


THE    FRAUD    PROVED.  299 

ble  to  those  which  disgraced  the  centennial  era  of  our  Re 
public. 

The  most  disgusting  feature  of  the  story  of  the  great 
fraud  of  1876  is  the  justification  the  instigators  and  promo 
ters  thereof  have  attempted. 

Their  apology  has  been  and  is  that  southern  rebels  de 
prived  the  negroes  of  their  suffrages;  that  to  protect  the 
freedmen  in  their  political  rights  election  laws  were  enacted 
by  the  carpet-bag  legislatures  of  certain  southern  states 
which  enabled  constitutional  power  to  be  exerted  in  purg 
ing  the  ballot-boxes ;  that  they  simply  advised  and  encour 
aged  the  execution  of  these  laws. 

But  it  has  been  conclusively  shown  that,  in  the  case  of 
Florida,  the  board  of  state  canvassers  had  not  the  power  to 
do  aught  but  accept  the  returns  of  the  county  canvassers 
and  canvass  and  compile  the  vote  from  the  same ;  that  the 
county  returns  gave  the  Tilden  electors  a  majority  of  all 
the  votes  cast ;  that  the  grossest  frauds  were  committed  by 
the  republicans  in  many  counties,  and  that  in  every  instance 
these  frauds  were  accepted  as  true  returns  by  the  state  can 
vassers;  that  the  perpetrators  of  these  crimes  were  re 
warded  for  their  services;  and  that  the  proof  of  these 
frauds  were  furnished  by  the  guilty  parties  who  confessed 
their  guilt.  It  has  been  further  proved,  beyond  controversy, 
that  the  state  canvassers  were  procured  to  violate  their 
oaths  of  office  and  to  peril  their  souls  by  the  promise  and 
pledge  of  rewards  to  be  given  them  by  Hayes. 

In  the  case  of  Louisiana  it  has  been  demonstrated,  first 
that  the  election  law  was  not  in  accordance  with  the  con 
stitution  of  the  state;  that  the  Congress  of  the  United 
States  so  decided,  the  Senate  and  the  House  of  Representa 
tives,  each  voting  separately  on  different  cases,  so  held ; 
that  it  was  so  held  by  the  highest  court  of  Louisiana. 


300  A    POLITICAL    CRIME. 

Second,  it  has  been  established  that  the  election  law, 
waiving  its  constitutionality,  prescribed  certain  forms 
and  methods  whereby  the  Returning  Board  might 
be  vested  with  jurisdiction  in  specified  cases,  and 
that,  in  not  one  single  instance  in  which  the  Returning 
Board  in  1876  assumed  jurisdiction  and  exercised  the 
power  of  rejecting  votes,  did  it  acquire  that  jurisdiction  and 
exercise  that  power,  in  accordance  with  the  forms  or 
the  letter  and  spirit  of  the  election  law. 

It  has  been  shown  that  the  election  was  fair,  free  and 
peaceable ;  that  the  so-called  evidence  to  prove  the  con 
trary  was  manufactured  by  wholesale. 

It  has  been  proved  that  the  instigators  and  promoters 
of  the  frauds  in  Louisiana  knew  that  these  "forms"  had 
not  been  observed  and  that  the  Returning  Board  had  no 
jurisdiction ;  that  it  did  not  pretend  to  follow  the  mode  of 
procedure  prescribed  by  the  law ;  that  to  give  the  Return 
ing  Board  colorable  jurisdiction  the  crimes  of  forgery  and 
perjury  were  committed;  that  these  crimes  must  have  been 
with  the  knowledge,  if  not  by  the  connivance  of  the  men  who 
were  invited  to  go  to  Louisiana  by  President  Grant,  "  to 
see  that  the  Returning  Board  make  a  fair  count  of  the 
votes  actually  cast." 

And  what  an  array  the  enumeration  of  these  crimes  and 
the  perpetrators  thereof  makes !  What  a  shameful  story  the 
history  of  the  rogues  is  !  Beginning  with  Kellogg,  the  gov 
ernor  of  Louisiana,  and  coming  down  to  the  insignificant 
officials,  there  is  an  unbroken  procession  of  graceless 
scamps.  Take  for  instance  the  men  who  were  counted  in 
by  the  Returning  Board  as  members  of  the  legislature  in 
order  to  give  Kellogg  a  colorable  title  to  a  seat  in  the 
United  States  Senate.  Was  there  ever  such  an  exhibition 
of  turpitude  and  political  immorality  witnessed  by  English- 


WHAT  A   SPECTACLE!  301 

speaking  people  ?  A  score  of  the  wretches  make  affidavits 
to  the  effect  that  they  were  bought  like  sheep  in  the  sham 
bles  by  Kellogg.  Then  Kellogg  buys  them  to  swear  they 
had  forsworn  themselves,  and  pays  them  with  places  in  the 
New  Orleans  custom  house !  And  the  Federal  patronage 
thus  disbursed  was  that  of  the  department  of  the  govern 
ment  over  which  John  Sherman  presided.  Thirty-four  of 
the  characterless  rogues,  who  had  for  a  brief  period  made  a 
quorum  of  a  sham  legislature,  and  by  their  votes  had  given 
Kellogg  a  claim  to  a  seat  in  the  Senate  of  the  United 
States,  were  at  one  time  on  the  pay-roll  of  the  New  Or 
leans  custom  house ! 

And,  notwithstanding  the  proof  of  these  things  was  in- 
contestible,  a  partisan  majority  of  the  Senate  would  not 
kick  Kellogg  out  of  the  Senate.  Not  only  this,  but  the 
whole  power  and  influence  of  a  Republican  administration 
was  wielded  to  prevent  the  indictment  of  this  carpet-bag 
rogue  for  accepting  a  bribe  while  a  Senator  ! 

The  hollow-heartedness,  the  dishonesty,  of  the  defense 
of  the  conduct  of  the  Republican  "  visiting  statesmen " 
to  Louisiana,  was  made  manifest  to  the  whole  world  by 
their  agreement  to  abandon  Packard  in  order  to  secure 
votes  in  the  House  of  Representatives  to  defeat  Demo 
cratic  filibusters  and  complete  the  counting-in  of  Hayes 
and  Wheeler.  All  of  the  prominent  visiting  statesmen  from 
John  Sherman  down  were  parties  to  this  bargain. 

Hayes,  himself,  in  lamenting  his  defeat  on  the  night  of 
November  8th,  1876,  hypocritically  proclaimed  that  his 
only  regret  was  for  the  poor  negroes,  and  the  following 
February  consented  to  and  ratified  the  arrangement  made 
by  Stanley  Mathews,  John  Sherman,  Charles  Foster,  and 
James  A.  Garfield  with  the  representatives  of  Nichols  and 
Hampton  whereby  in  return  for  the  completion  of  the  elec- 


302  A    POLITICAL    CRIME. 

toral  count  and  the  seating  of  Hayes,  Packard  and  Cham 
berlain  were  to  be  abandoned. 

Honorable  men  will  justify  the  conduct  of  the  represen 
tatives  of  Louisiana  and  South  Carolina  in  ridding  their 
people  of  the  awful  calamity  of  carpet-bag  and  scallawag 
rule,  but  upon  what  ground  can  the  justification  of  Hayes 
and  his  party  friends  be  placed  ? 

If  intimidation  prevented  the  Hayes  electors  from 
securing  a  majority  of  the  ballots  in  the  boxes  how  was  it 
with  Packard  ?  He  received  over  a  thousand  more  votes 
than  five  of  the  Hayes  electors  ! 

The  truth  was  confessed  perforce  by  the  men  who  were 
responsible  for  the  Returning  Board  frauds.  They  did  not 
dare  to  assume  the  further  responsibility  of  continuing  by 
military  power  the  indefensible  rule  of  carpet-baggers  and 
scallawags  in  Louisiana  and  South  Carolina! 

They  knew,  better  than  the  rest  of  the  world,  the  enor 
mity  of  that  rule.  They  were  far  better  acquainted  with 
the  real  characters  of  the  carpet-baggers  and  scallawags 
than  the  rank  and  file  of  their  party  was,  and  they  felt  that 
it  would  be  no  longer  possible  to  defend  the  wholesale 
plundering,  the  general  corruption,  the  petty  thieving  and 
rascality  of  their  southern  allies.  The  public  was  beginning 
to  know  the  truth. 

But  one  thing  these  Republican  politicians  did  not 
reckon  upon,  the  linking  throughout  all  time  of  their  names 
with  those  of  the  Kelloggs,  the  Andersons,  the  Wellses,  the 
Jewetts,  the  Dennises,  the  McLins,  et  id '  omne  genus.  They 
were  compelled  not  only  to  eulogize  and  defend  these 
rogues  ex  nescessitate  ra,  but  they  had  to  reward  them  for 
the  base  services  they  rendered. 

Retributive  justice,  in  the  guise  of  the  members  of  the 
Louisiana  Returning  Board,  and  of  the  legion  of  other 


THE   JURIST,     THE    STRIKER.  303 

rogues,  was  daily  and  hourly  reminding   Hayes  and   his 
cabinet  of  the  crimes  they  had  been  art  and  part  of. 

How  all  these  honorable  (?)  gentlemen  dreaded  the  ex 
posure,  which  was  constantly  impending,  is  strikingly  illus 
trated  by  the  experience  of  Stanley  Mathews  with  Jim. 
Anderson.  Without  breeding,  utterly  devoid  of  the  instincts 
of  a  gentleman,  a  typical  political  bummer  and  striker,  in 
dicating  by  his  habitual  speech  his  low  origin  and  lower 
manner  of  life,  Anderson  quickly  impressed  the  lawyer, 
statesman,  and  jurist  with  the  firm  conviction  that  the  repu 
tation  of  the  late  "  visiting  statesmen,"  and  the  stability  of 
the  whole  fabric  of  the  fraudulent  administration  were  at 
the  mercy  of  the  late  supervisor  of  registration  for  the 
parish  of  East  Feliciana !  This  is  no  exaggeration.  The 
facts  warrant  even  a  stronger  statement. 

Jim.  Anderson  did  not  make  the  acquaintance  of  Mr. 
Mathews  in  New  Orleans  while  the  latter  was  there  in  the 
capacity  of  a  "  visiting  statesman."  He  first  met  Mathews 
in  Cincinnati  in  the  latter  part  of  March,  1877.  It  is 
doubtless  true  that  Anderson  was  a  quite  frequent  visitor 
at  the  headquarters  of  the  "  visiting  statesmen "  in  New 
Orleans.  He  was  "  cheeky  "  and  realized  that  a  fellow  of 
his  calibre  would,  in  all  human  probability,  never  have  an 
other  such  opportunity  to  make  a  political  "  stake."  He 
knew  that  the  Presidential  election  turned  upon  the  elec 
toral  votes  of  Louisiana.  He  knew,  moreover,  that  those 
votes  could  not  be  given  to  Hayes  unless  the  members  of 
the  Returning  Board  monstrously  perverted  the  election 
law.  He  was  smart  and  unscrupulous,  and  quickly  dis 
covered  that  the  supervisors  of  registration  were  the  sole 
dependence  of  the  local  and  national  Republican  leaders. 

The  commissioners  of  election  had  honestly  performed 
their  duties  and  had  not  reported  intimidation,  acts  of  vio- 


304  A    POLITICAL    CRIME. 

lence,  and  corrupt  influences,  simply  because  there  were 
none  to  report.  For  the  same  reason  the  supervisors  of 
registration  had  not  reported  cases  of  intimidation  prior  to 
the  election.  How  then  was  the  Returning  Board  to  ob 
tain  jurisdiction  and  secure  pretended  evidence  upon 
which  to  base  their  contemplated  action  ?  The  supervisors 
of  registration  could  by  forswearing  themselves  lay  a  false 
foundation.  The  whole  structure  of  the  intended  fraud 
must  be  bottomed  on  perjury  and  forgery ! 

"  Red-headed  Jim,"  as  Anderson  was  popularly  known, 
knew  his  fellow-supervisors,  and  while  he  was  quite  certain 
that  they  would  not  hesitate  at  the  commission  of  any 
crime,  he  firmly  believed  that  they  would  insist  upon  guar 
antees  of  protection  and  pledges  of  adequate  rewards.  He 
knew  that  the  local  leaders  of  his  party  would  be  liberal 
with  guarantees  and  profligate  with  promises,  but  niggardly 
in  performances.  His  first  scheme  was  to  get  promises 
and  then  to  make  assurance  doubly  sure  by  having  them 
guaranteed  by  the  "  visiting  statesmen." 

Anderson  formed  an  alliance  offensive  and  defensive 
with  Don.  A.  Weber,  a  scallawag  supervisor  of  registration 
for  the  parish  of  West  Feliciana.  The  evidence  of  concert 
between  these  two  worthies  is  conclusive.  Weber  was  quite 
as  mercenary  and  unscrupulous  as  Anderson.  Their  coopera- 
ion  was  absolutely  necessary  to  the  success  of  the  danger 
ous  undertaking  which  had  been  determined  on  by  the 
desperate  party  leaders.  Anderson  began  by  securing  from 
Charles  E.  Nash,  candidate  for  Congress,  an  agreement  in 
writing  which  was  as  follows : 

"NEW  ORLEANS,  Nov.  21,  1876. 

By  an  arrangement  entered  into  this  day  between  James  E.  An 
derson,  supervisor  of  registration  for  the  parish  of  East  Feliciana, 
Louisiana,  and  Charles  E.  Nash,  member  of  Congress  from  the  sixth 


A    "SPECIAL"    CASE.  305 

Congressional  district  of  Louisiana,  it  is  agreed  that  the  said  Anderson 
shall  suppress  evidence  showing  that  the  said  parish  of  East  Feliciana 
was  fairly  carried  by  the  Democratic  party  at  the  election  held  Novem 
ber  7,  1876,  thereby  electing  the  entire  Democratic  state  ticket  and 
Congressmen.  In  consideration  of  which  the  said  Nash  agrees  to  se 
cure  for  said  Anderson  the  position  of  naval  officer  at  the  port  of  New 

Orleans,  Louisiana. 

(Signed)  JAMES  E.  ANDERSON. 

C.  E.  NASH. 
The  above  agreement  was  signed  in  our  presence  this  2ist  day  of 

November,  1876. 

(Signed)  J.  M.  TOMLINSON. 

O.  B.  MORGAN." 

The  next  move  of  Anderson  was  to  obtain  from  one  or 
more  of  the  "  visiting  statesmen  "  a  guarantee  that  pledges 
and  promises  would  be  kept  if  Hayes  became  President. 
That  he  was  verbally  assured  that  they  would  be  kept  cannot 
be  doubted.  It  is  unnecessary  to  discuss  the  probability  of 
Anderson's  story  about  Weber  and  himself  receiving  such 
assurances  in  writing  from  John  Sherman.  This  question 
has  been  considered  elsewhere. 

Anderson  was  in  Washington  to  witness  the  inaugura 
tion  of  Hayes  and  get  his  reward.  He  had  abandoned  the 
idea  of  becoming  naval  officer  at  New  Orleans  and  wanted 
a  consulship,  Nash  and  Dr.  Darrall,  another  Congressman 
from  Louisiana,  urged  Anderson's  claims,  and  Hayes 
directed  that  his  case  be  made  "  special "  for  "  a  consulship 
in  a  warm  climate." 

But  Anderson  was  too  impatient  to  tolerate  the  tardy 
routine  of  the  State  department  and  posted  off  to  New 
Orleans.  He  stopped  in  Cincinnati  and  called  on  Mr. 
Mathews.  Anderson's  account  of  the  interview  which  fol 
lowed  is  interesting : 

"  I  called  on  Mr.  Mathews.     I  went  into  a  general  history  of  the 
20 


306  A    POLITICAL    CRIME. 

election  in  Louisiana.  I  told  him  what  part  I  had  taken,  of  the 
manner  in  which  the  election  in  East  Feliciana  had  been  conducted 
and  in  the  state  :  told  him  they  had  thrown  out  my  parish  on  a  forged 
protest :  that  they  made  me  promises  which  they  had  not  fulfilled  and 
had  no  intention  of  fulfilling :  in  fact,  told  him  the  whole  story  of  the 
whole  thing  right  through  :  went  into  all  the  details,  with  the  excep 
tion  that  I  omitted  any  mention  of  Mr.  Sherman's  name.  I  did  not 
mention  his  name  at  all."* 

Mr.  Mathews  was  impressed  by  Anderson's  "  whole 
story  "  of  the  Louisiana  election.  He  asked  Anderson  to 
leave  with  him  the  Nash  agreement.  He  gave  Anderson  a 
note  of  introduction  to  John  M.  Harlan  who  was  one  of 
the  commissioners  sent  by  Hayes  to  supervise  the  abandon 
ment  of  Packard's  sham  government.  A  few  weeks  later 
Mr.  Mathews  wrote  to  Anderson,  who  was  still  in  New  Or 
leans,  assuring  him  that  he  had  "  the  best  reasons  for  saying 
that  sooner  or  later,  and  as  soon  as  practicable,"  he  would 
"  be  able  to  obtain  "  for  him  "  a  satisfactory  appointment, 
either  at  home  or  abroad." 

Harlan  was  also  impressed  by  Anderson's  story,  and 
when  lie  came  North  he  cooperated  with  Mathews  in  his 
efforts  to  prevent  the  exposure  they  both  believed  the  fel 
low  could  make.  Mathews  wrote  Anderson  on  the  27th  of 
April,  1877,  from  Cincinnati,  saying  that  he  had  "conferred 
with  General  Harlan,  having  travelled  with  him  from  Phil 
adelphia  here."  He  continued  —  "  we  both  concluded  it 
would  be  better  to  wait  now  until  the  extra  session  of  Con 
gress,  which  will  be  called  to  meet  June  4th,  when  I  will 
be  in  Washington  regularly,  and  situated  so  as  to  give  the 
attention  to  your  application  which  I  have  promised,  and 
when  I  do,  no  doubt  I  will  be  able  to  secure  your  appoint 
ment  to  some  foreign  position  which  will  be  agreeable  to 
you." 

*  H.  R.  Mis.  Doc.  No.  31.  45th  Cong.  3d  Sess.  p.  23. 


MATHEWS    IN    EARNEST.  307 

On  the  i4th  of  May  Mr.  Mathews  gave  Anderson  a  letter 
to  the  Secretary  of  State  in  which  he  said,  among  other  sig 
nificant  tilings,  "  that  the  circumstances  in  which  Mr.  Ander 
son  has  been  placed,  and  in  which  he  has  been  compelled 
to  act  a  very  difficult  part,  are  such  as  to  give  him  very 
strong  claims  upon  the  administration  in  the  public  interests, 
and  I  do  most  earnestly  urge  that  some  satisfactory  public 
employment  may  be  found  for  him  at  once." 

This  letter  brought  an  appointment  to  the  consulship  at 
Funchal,  salary  $1,500  a  year  and  fees.  This  was  indig 
nantly  spurned  by  Anderson  who  sent  an  insulting  tele 
gram  to  Mr.  Mathews  and  followed  it  with  an  impudent 
letter.  Notwithstanding  this  unmannerly  and  ungrateful 
conduct  on  Anderson's  part  Mr.  Mathews  continued  to 
manifest  a  deep  interest  in  the  fellow's  behalf,  and  continued 
his  efforts  to  secure  him  "  a  satisfactory  appointment."  But 
in  the  meantime  Anderson  had  been  talking  and  threaten 
ing,  and  Sherman  and  Hayes  were  afraid  to  do  anything 
for  him,  believing  that  he  was  being  used  by  democrats  to 
entrap  them. 

The  only  reasonable  explanation  and  defense  of  Mr. 
Mathews'  part  in  this  scandalous  business  was  made  by  his 
nephew,  Hon.  Henry  Watterson,  who  claimed  that  his 
uncle  was  striving  "  to  save  his  party  friends  from  a  scan 
dalous  exposure,  knowledge  of  which  had  reached  him. 
No  one  pretends  that  he  participated  in  the  Louisiana 
frauds.  He  was  in  New  Orleans  but  a  few  days." 

But  short  as  Mr.  Mathews'  visit  was  to  New  Orleans  in 
November,  1876,  he  must  have  been  cognizant  of,  and 
privy  to,  transactions  between  his  fellow  "  visiting  states 
men  "  and  the  Kellogg  crowd,  which  prepared  him  to  be 
lieve  Anderson's  story.  He  had  repeated  interviews  with 
Hayes  and  Evarts  and  Sherman  in  Anderson's  interest.  If 


308  A    POLITICAL    CRIME. 

they  were  not  afraid  of  Anderson's  threatened  revelations 
why  did  they  not  quiet  the  apprehensions  of  Mr.  Mathews. 
His  only  object  was  to  serve  them  and  his  party.  It  is  not 
possible  that  there  could  have  been  any  bond  of  sympathy 
between  the  cool,  calculating  lawyer  and  the  political  bum 
mer  and  striker ! 

It  is  not  strange  that  from  Hayes  down  the  fraudulent 
administration  and  its  friends  should  have  been  in  constant 
dread  of  an  exposure  by  some  one  of  the  many  Louisiana 
villains.  They  knew  the  character  of  the  men  they  had  to 
deal  with.  They  knew  of  the  crimes  these  men  had  com 
mitted  to  make  Hayes  President.  If  their  knowledge  was 
not  criminal  it  was  so  nearly  so  that  the  public  would  not 
discriminate  in  their  favor. 

General  Grant,  who  had  learned  by  costly  experience 
the  character  of  the  Louisiana  carpet-baggers  and  scalla- 
wags,  was  not  deceived  by  the  defense  which  the  "  visiting 
statesmen "  made  for  themselves  and  their  allies.  He 
thought  that  in  the  case  of  Florida  his  party  was  entitled 
to  the  benefit  of  the  doubt,  but  the  Louisiana  frauds  were 
so  gross  and  indefensible  that  he  was  determined  not  to  as 
sume  any  responsibility  therefor. 

He  had  great  confidence  in  General  Sheridan  and  re 
membered  his  unsparing  condemnation  of  J.  Madison 
Wells  when  constrained  in  1865  to  remove  him  from  the 
provisional  governorship  of  Louisiana.  When  Mr.  Maddox, 
the  government  agent  who  had  been  sent  to  New  Orleans 
to  observe  the  conduct  of  the  members  of  the  Returning 
Board,  reported,  November  24th,  1876,  that  Wells  was  for 
sale  and  was  "  dickering  "  with  both  sides,  President  Grant 
promptly  sent  the  agent  to  Mr.  Chandler.  General  Grant 
had  no  doubt  of  the  truth  of  Mr.  Maddox's  report.  He 
knew  that  Wells  was  capable  of  any  villainy. 


A    HAPPY    RIDDANCE.  309 

There  can  be  no  question  that  when  General  Grant 
came  to  review  in  the  calm  repose  of  private  life  the  politi 
cal  events  of  the  eight  years  of  his  administration  he  was 
ready  to  condemn  unequivocally  the  many  and  desperately 
wicked  excesses  of  the  rule  of  the  carpet-baggers  and  scal- 
lawags  in  the  southern  states.  And  who  is  not  ?  Who 
does  not  fervently  thank  God  that  the  Pattersons,  the  Kel- 
loggs,  the  Dorseys,  the  Wests,  the  Warmoths,  the  Moseses, 
and  all  that  they  represented  have  disappeared  from  national 
as  well  as  southern  politics  ?  Where  is  the  conscientious, 
self-respecting  citizen  of  the  Republic  who  can  recall 
without  feeling  the  blush  of  shame  tingle  on  his  cheeks  the 
riot  of  corruption,  the  debauching  of  public  and  private 
morals,  which  were  the  result  of  the  reign  of  the  carpet-bag 
ger  and  scallawag  in  the  South  ? 

If  any  there  be  who  are  not  satisfied  that  the  elimina 
tion  of  the  carpet-bagger  and  scallawag  was  a  God- 
sent  deliverance  let  them  read  the  history  of  Louisiana  poli 
tics  from  1865  to  1876  in  the  succeeding  chapters. 


310  A    POLITICAL    CRIME. 


CHAPTER  XVII. 


Review  of  Louisiana  carpet-bag  politics  :  Lincoln's  plan  of  reconstruc 
tion  :  The  first  provisional  government :  The  illegal  attempt  to 
amend  the  constitution  of  1864:  The  New  Orleans  riot  and  massa 
cre  the  result  of  incendiary  appeals  to  the  negroes :  Gen.  Hancock's 
benificent  rule :  The  election  of  Warmoth  and  the  enactment  of  reg 
istration  and  election  laws :  The  character  and  purpose  of  these 
laws :  Analysis  of  the  laws  :  Senator  Edmunds  pronounces  the  elec 
tion  law  in  conflict  with  the  State  constitution :  The  character  of 
Warmoth :  He  delineates  the  characters  of  his  opponents :  Uni 
versal  corruption:  The  Custom  House  party:  The  attempt  to  im 
peach  Warmoth :  The  use  of  the  troops  :  The  Carter- Warmoth 
war: 


THE  history  of  the  election  in  Louisiana  in  1876,  and 
the  enormity  of  the  illegal  methods,  the  monstrous  perver 
sion  of  the  principles,  and  the  flagrant  disregard  of  "  the 
forms  "  of  law,  the  perjuries,  forgeries,  and  divers  other 
crimes  by  which  the  will  of  the  people  of  that  State,  peace 
ably  and  honestly  expressed  at  the  polls,  was  nullified 
and  the  perpetrators  thereof  were  rewarded  cannot  be  fully 
understood  and  adequately  appreciated  without  reviewing 
the  preceding  political  occurrences. 

The  plan  of  reconstructing  the  government  of  the 
Southern  States  devised  by  President  Lincoln  and  suggested 
by  him  in  a  message  to  Congress  in  1863,  differed  widely 
from  that  subsequently  adopted  by  the  leaders  of  the  Re 
publican  party.  Mr.  Lincoln  affirmed  in  the  last  public 
utterance  he  made  that  his  plan  was  "  distinctly  approved 


MR.  LINCOLN'S  PLAN.  311 

by  every  member  of  his  cabinet."  Speaking  of  his  policy 
Mr.  Lincoln  described  it  as  follows  : 

"  Some  twelve  thousand  voters  in  the  heretofore  slave 
State  of  Louisiana  have  sworn  allegiance  to  the  Union ;  as 
sumed  to  be  the  rightful  political  power  of  the  state;  held 
elections;  organized  a  free  government;  adopted  a  free 
state  constitution,  giving  the  benefit  of  public  schools 
to  black  and  white,  and  empowering  the  legislature  to  con 
fer  the  elective  franchise  upon  the  colored  man.  This 
legislature  has  already  voted  to  ratify  the  constitutional 
amendment  recently  passed  by  Congress,  abolishing  slavery 
throughout  the  nation.  These  twelve  thousand  persons  are 
thus  fully  committed  to  the  Union,  as  to  perpetual  freedom 
in  the  States  —  committed  to  the  very  things  the  nation 
wants  —  and  they  ask  the  nation's  recognition  and  its  as 
sistance  to  make  good  that  committal.  Now  if  we  reject 
and  spurn  them,  we  do  our  utmost  to  disorganize  and  dis 
perse  them.  We  in  effect  say  to  the  white  man  :  «  you  are 
worthless,  or  worse ;  we  will  neither  help  you,  nor  be 
helped  by  you.'  To  the  blacks  we  say:  'this  cup  of 
liberty  which  these  your  old  masters  hold  to  your  lips  we 
will  dash  from  you,  and  leave  you  to  the  chances  of  gather 
ing  the  spilled  and  scattered  contents  in  some  vague  and 
undefined  when,  where,  and  how.'  If  this  course  discour 
aging  and  paralyzing  both  to  the  white  and  black,  has  any 
tendency  to  bring  Louisiana  into  proper  relations  with  the 
Union,  I  have,  so  far,  been  unable  to  perceive  it.  If  on 
the  contrary,  we  recognize  and  sustain  the  new  government 
of  Louisiana,  the  converse  of  all  this  is  made  true.  We 
encourage  the  hearts  and  nerve  the  arms  of  the  twelve 
thousand  to  adhere  to  their  work,  and  to  argue  for  it,  and 
feed  it,  and  grow  it,  and  ripen  it  to  a  complete  success." 

The  idea  thus  indicated  by  Mr.  Lincoln  was  that  when- 


312  A    POLITICAL    CRIME. 

ever  any  considerable  body  of  the  people  of  any  Southern 
State  took  the  oath  of  allegiance  to  the  United  States  and 
gave  evidence  of  their  acceptance  of  "  the  very  things  the 
nation  wants  "  by  organizing  a  free  government,  adopting  a 
free  state  constitution,  giving  the  benefit  of  free  schools 
equally  to  black  and  white,  and  empowering  the  legislature 
to  confer  the  elective  franchise  upon  the  colored  man,  they 
were  entitled  to  the  nation's  recognition  and  assistance.  It 
is  fair  to  presume  that  if  Mr.  Lincoln  had  been  permitted 
to  live  and  supervise  the  rehabilitation  of  the  Southern  State 
governments  he  would  have  adhered  to  his  deliberately 
formed  policy.  It  will  be  noticed  that  the  tone  as  well  as 
the  tenor  of  his  remarks,  quoted  above,  indicate  that  the 
subject  had  been  carefully  considered,  had  been  much  dis 
cussed,  and  his  views  were  the  result  of  mature  reflection. 
It  is  no  secret  that  his  policy  was  not  approved  by  many 
prominent  leaders  of  his  party  in  Congress,  and  his  lan 
guage  is  indicative  of  some  feeling  on  his  part.  His  plan 
of  reconstruction  had  been  criticised  because  it  did  not  re 
quire  the  enfranchisement  of  the  negro  as  a  condition 
precedent. 

Mr.  Lincoln  thought  that  suffrage  should  be  gradu 
ally  bestowed  instead  of  by  a  sweeping  enactment.  In 
the  same  speech,  from  which  the  above  extract  is  taken, 
he  clearly  indicated  that  the  colored  man  must  show  some 
progress  before  he  would  be  entitled  to  that  boon.  His 
language  also  conveys  the  idea  that  the  right  of  suffrage 
must  come  from  the  States.  He  said,  "  the  colored  man, 
too,  seeing  all  united  for  him  is  inspired  with  vigilance  and 
energy,  and  daring  to  the  same  end.  Grant  that  he  desires 
the  elective  franchise,  will  he  not  attain  it  sooner  by  saving 
the  already  advanced  steps  toward  it  (the  right  of  the  legis 
lature  of  Louisiana  to  confer  it)  than  by  running  backward 


WOULD    HE    HAVE   YIELDED?  313 

over  them  ?"  In  reply  to  those  who  had  said  that  twelve 
thousand  voters  were  but  a  mere  handful,  and  a  poor  be 
ginning  at  reconstructing  the  state,  he  replied  by  a  charac 
teristic  and  pointed  illustration. 

"  Concede,"  he  said,  "  that  the  new  government  of 
Louisiana  is  only  what  it  should  be  as  the  egg  to  the  fowl, 
we  shall  sooner  have  the  fowl  by  hatching  the  egg  than  by 
smashing  it." 

It  is  not  to  be  presumed  that  the  radical  leaders  in  Con 
gress  would  have  yielded  their  views  without  a  struggle,  but 
there  can  be  no  doubt  as  to  what  the  issue  would  have  been 
if  the  contest  had  been  between  them  and  Mr.  Lincoln. 
He  was  the  one  great  figure  of  the  time  and  would  have 
continued  to  be,  as  he  was  the  people's  idol.  He  was  essen 
tially  a  man  of  the  people.  He  had  in  a  greater  degree, 
than  any  one  of  his  time,  the  power  of  putting  things 
within  the  comprehension  of  the  masses.  His  direct  and 
simple  form  of  speech,  his  homely  and  forcible  illustrations, 
and  his  facility  of  condensation  and  classification,  enabled 
him  to  carry  conviction  to  the  people  in  a  wonderful  way. 
But  unfortunately  for  the  whole  country,  and  especially  for 
the  South  the  assassin's  bullet  did  its  fatal  work  just  as  the 
angel  of  peace  was  spreading  her  white  wings  over  the 
land.  The  Louisiana  experiment,  in  which  Mr.  Lincoln 
felt  such  a  deep  interest,  proved  a  disastrous  failure  through 
the  machinations  of  unworthy  men  who  obtained  power  and 
were  encouraged  to  resort  to  illegal  and  desperate  methods 
by  radical  congressmen.  There  was  but  a  feeble  minority 
in  both  Houses  of  Congress.  The  radical  element  of  the 
Republican  party  dominated  the  Senate  and  House  of 
Representatives.  Andrew  Johnson  was  obstinate,  imprac 
ticable,  without  tact,  and  his  judgment  of  men  was  often 
utterly  at  fault. 


314  A    POLITICAL    CRIME. 

The  provisional  government  of  Louisiana  which  Mr. 
Lincoln  wanted  Congress  to  recognize  as  the  constitutional 
government  of  that  State  was  created  by  a  convention  called 
in  1864  under  a  proclamation  of  Gen.  N.  P.  Banks  in  com 
mand  at  New  Orleans.  This  was  a  novel  way  of  setting  up 
a  state  government,  it  is  true,  but  inter  arma  selent  leges. 
The  convention  met  and  formulated  a  constitution  which 

was  submitted  to  the  people  and  ratified  by  them by  a 

respectable  body  of  those  within  the  Federal  jurisdiction. 
After  hostilities  ceased  and  the  authority  of  the  national 
government  was  everywhere  recognized,  this  provisional 
government  exercised  jurisdiction  over  the  whole  state.  Its 
authority  was  recognized  —  obeyed  —  by  all  the  people. 
But  in  1866  a  class  of  men  obtained  control  who  have  since 
proved  to  be  characterless.  In  November,  1866,  J.  Madison 
Wells  was  elected  governor.  He  was  a  man  of  violent  tem 
per.  Before  the  war  he  was  one  of  the  terrors  of  the  Red 
River  country.  He  was  a  Union  man  and  suffered  persecu 
tion,  but  as  his  hand  was  against  every  one  who  was  un 
friendly  to  him,  his  troubles  were  not  altogether  due  to  his 
political  sentiments.  He  was  dishonest,  unprincipled,  and 
vindictive.  Michael  Hahn  was  the  first  governor  of  the 
provisional  government  although  he  had  been  an  original 
secessionist.  His  ability  was  limited.  His  conversion  to 
Union  sentiments  was  due  to  motives,  neither  high  nor 
honorable.  From  1864  to  1884  he  was  in  one  capacity  or 
another  a  pensioner  either  upon  the  State  or  the  Federal  gov 
ernment.  Rufus  K.  Howell,  who  was  made  associate  jus 
tice  of  the  Supreme  Court  by  Wells,  J.  King  Cutter,  Dr, 
Dostie  and  several  others  had  been  secessionists  but,  on 
the  capture  of  New  Orleans  by  General  Butler,  joined 
Hahn  and  became  violent  agitators  and  advocates  of 
the  punishment  of  rebels.  Henry  C.  Warmoth  was  a 


THE   TURBULENT    CLASSES.  315 

needy  adventurer  in  New  Orleans  and  loud  in  advocacy 
of  a  military  government.  William  Pitt  Kellogg,  made 
Collector  of  the  port  of  New  Orleans  by  President  Johnson, 
was  discreetly  an  advocate  of  the  President's  policy  of  ad 
mitting  the  state  to  full  participation  of  the  benefits  of  the 
Union.  E.  H.  Durell,  district  judge  of  the  United  States, 
was  likewise  temporarily  an  advocate  of  Johnson's  policy 
and  opposed  to  reconstruction. 

There  was  naturally  a  large  turbulent  element  in  New 
Orleans.  The  population  was  a  mixed  one.  Before,  dur 
ing,  and  since  the  war  the  good  name  of  the  city  has  suf 
fered  on  account  of  the  many  bad  characters  who  have 
occasionally  obtained  a  temporary  ascendency  there.  Im 
mediately  after  the  war  the  number  of  these  desperadoes 
was  largely  increased.  They  have  been,  as  their  interests 
inclined  them,  the  partisans  of  first  one  and  then  another 
political  party.  The  disbanded  Confederate  armies  threw 
upon  society  many  restless  and  reckless  young  men.  Dis 
charged  Union  soldiers,  of  bad  character,  swelled  the  ranks 
of  the  dangerous  classes.  A  race  of  mixed  blood,  the  pro 
duct  of  various  Latin  progenitors,  live  on  the  islands  and 
along  the  coast  of  the  gulf  who  are  termed  Dagos.  They 
are  fruiters  and  fishermen.  For  a  few  dollars  many  of 
them  can  be  hired  to  wield  the  assassin's  knife. 

*  In  1866  the  violent  leaders  determined  to  make  anew 
constitution  and  provide  therein  for  the  disfranchisement  of 
all  late  rebels  and  the  enfranchisement  of  all  the  negroes. 
They  could  not  accomplish  this  by  legal  methods,  because, 
they  could  not  control  the  legislature,  which  alone,  under  the 
provisions  of  the  constitution  of  1864,  might  provide  for 
its  amendment.  Therefore,  they  determined  to  reconvene 
the  constitutional  convention  of  1864,  despite  the  fact,  that 

*  H.  R.  Report,  No.  16,  s8th  Cong,  ad  Sess.  pp.  37  to  61. 


316  A    POLITICAL    CRIME. 

it  had  been  defunct  two  years.  After  consultation  with 
radical  members  of  Congress,  a  call  was  issued  by  Judge 
Howell,  on  the  refusal  of  the  former  chairman,  Judge 
Durell,  to  act,  convening  the  convention  in  New  Orleans 
on  the  3oth  day  of  July,  1866.  There  was  no  concealment 
of  the  purposes  of  these  violent  men.  They  openly  pro 
claimed  their  intention  to  punish  rebels  and  to  do  this  the 
negroes  should  be  given  the  right  of  suffrage.  The  night 
before  this  so-called  convention  was  to  assemble,  Dostie, 
Cutler,  Howell,  and  others,  addressed  mass  meetings  of 
negroes  and  gave  expression  to  their  sentiments  in  unre 
strained  language.  Their  speeches  were  inflammatory  to 
the  last  degree,  and  the  most  foolish  and  wicked  advice  was 
given  to  the  poor  negroes.  If  these  men  were  sane  they 
must  have  desired  to  provoke  an  outbreak  and  secure  the 
slaughter  of  the  people  they  professed  to  love.  They  took 
no  steps  whatever  to  secure  the  protection  of  the  military. 
They  must  have  known  what  the  consequences  were  likely 
to  be  if  they  scattered  firebrands  broadcast  among  the  in 
flammable  material,  composing  in  large  part,  the  population 
of  New  Orleans. 

The  next  day  the  convention  met  in  Mechanics  Insti 
tute.  The  negroes  rallied  by  their  pretended  friends  gathered 
in  large  numbers  and  paraded  the  streets.  A  riot  started — 
no  one  could  tell  how  or  why  —  the  result  — :  a  large  num 
ber  of  negroes  killed  and  many  wounded.  The  police  force 
did  most  of  the  killing.  It  was  a  dastardly  and  bloody  mas 
sacre.  An  attempt,  of  course,  was  made  to  prove  that  it  was 
a  premeditated  conspiracy  on  the  part  of  prominent  late 
rebels  to  kill  all  the  Union  men  and  teach  the  negroes  a 
terrible  lesson.  But  this  failed  signally.  There  was  no 
evidence  produced  to  justify  even  a  suspicion  of  this.  On 
the  other  hand  there  were  circumstances  and  facts  proved 


GENERAL  HANCOCK'S   RULE.  3  I/ 

which  gave  the  color  of  truth,  at  least,  to  the  charge  that  a 
disturbance  was  not  unexpected  and  was  rather  courted  by 
the  promoters  of  the  convention  scheme.  J.  Madison 
Wells  prudently  kept  out  of  harm's  way.  Dostie  was  the 
only  one  of  the  incendiaries  who  lost  his  life. 

The  New  Orleans  riot  of  July  30,  1866,  was  a  fortunate 
occurrence  for  the  Republican  leaders  who  were  bent  upon 
reconstructing  the  Southern  States.  It  was  the  most  unfor 
tunate  event  for  Louisiana  and  the  whole  South  that  could 
possibly  have  happened.  That  it  would  have  been  pre 
vented  if  the  respectable  citizens  had  suspected  its  possible 
occurrence,  cannot  be  doubted  by  reasonable  men.  The 
consequences  thereof  would  be  apparent  to  all  reflecting 
minds.  The  reconstruction  measures  placed  Louisiana  along 
with  the  rest  of  the  South  under  absolute  military  rule. 
Fortunately,  however,  for  the  people  of  that  State,  General 
Hancock  was  assigned  to  the  command  of  the  fifth  military 
district  which  included  Louisiana.  For  a  few  brief  months 
they  enjoyed  a  government,  military  though  it  was,  regu 
lated  by  law.  Upon  assuming  his  duties  the  general  an 
nounced  *  "  that  the  great  principles  of  American  liberty 
are  still  the  lawful  inheritance  of  this  people,  and  ever 
should  be."  And  he  illustrated  his  words  by  his  deeds,  so 
long  as  he  was  suffered  to  remain  in  that  command.  He 
maintained  the  right  of  trial  by  jury,  the  privilege  of  the 
habeas  corpus,  the  liberty  of  the  press,  the  freedom  of  speech, 
the  natural  rights  of  persons  and  the  rights  of  property. 
He  proved  that  to  be  true  which  he  declared  in  his  famous 
order,  namely :  "  that  free  institutions,  while  they  are  essen 
tial  to  the  prosperity  and  happiness  of  the  people,  always 
furnish  the  strongest  inducements  to  peace  and  order."  He 
sustained  the  regular  civil  tribunals  and  all  crimes  and  of- 

*  General  orders  No.  40,  Nov.  29,  1867. 


A    POLITICAL    CRIME. 


fences  committed  were  referred  to  them  for  consideration 
and  judgment.  The  result  was  perfect  order  and  universal 
contentment.  A  constitutional  convention  was  held  which 
framed  a  new  constitution.  It  was  adopted  and  state  offi 
cers  were  elected.  Before  this  occurred,  however,  General 
Hancock  was  compelled,  on  account  of  the  measures  taken 
by  radical  congressmen  who  were  deeply  incensed  at  his 
conduct,  to  ask  to  be  relieved  of  his  command. 

Henry  C.  Warmoth,  a  brilliant,  but  unprincipled  advent 
urer,  was  the  first  governor  elected  in  Louisiana  under  the 
reconstructed  government.  Handsome  in  person,  engaging 
in  manners,  eloquent  and  persuasive  in  speech,  possessing  a 
quick,  fertile  brain,  insensible  to  fear,  and  resourceful  in  ex 
pedients,  he  was  the  beau  ideal  of  a  political  freebooter.  The 
opportunities  for  self-aggrandizement  and  almost  unrestrained 
looting  were  unrivalled.  The  Federal  patronage  was  vast, 
and  the  chance  to  profit  by  frauds  upon  the  national  rev 
enue  to  be  collected  was  practically  unlimited.  Illicit  dis 
tilling  was  so  open  and  notorious,  that  revenue  agents  in 
trigued  for  details  to  New  Orleans  in  order,  in  a  few  months, 
to  enrich  themselves.  The  Custom  House  was  the  gateway 
to  affluence  and  political  power.  William  Pitt  Kellogg, 
who  was  Collector  of  Customs  from  1865  to  1868,  accumu 
lated  a  fortune  and  secured  from  the  legislature  elected 
along  with  Warmoth  a  seat  in  the  United  States  Senate. 
The  military  power  was  now  in  hands  less  scrupulous  than 
Gen.  Hancock  was.  But  there  was  no  occasion  for  its 
exercise.  The  claim  has  been  made  that  there  was  a  great 
deal  of  violence  and  much  bloodshed  in  Louisiana  during 
1868  and  1869.  There  was  doubtless  some  lawlessness  and 
bloodshed.  There  is  always  more  or  less  in  every  com 
munity.  In  portions  of  Louisiana  there  had  always  been 
turbulent  classes.  The  worst  of  them  were,  however,  from 


ORGANIZED    SPOLIATION.  319 

the  beginning  acting  with  the  carpet-baggers.  This  was 
true  of  Rapides  parish,  the  home  of  the  Wells'  family. 
But  it  is  a  noteworthy  fact  that  during  the  months  of  Gen. 
Hancock's  command  there  were  no  massacres,  no  lawless 
ness  that  attracted  public  attention.  The  necessity  for  polit 
ical  capital  did  not  exist  then.  The  government  was  one  of 
law  and  order  and  not  one  for  plunder. 

The  organized  system  of  spoliation  which  was  inaugu 
rated  with  the  establishment  of  carpet-bag  rule  worked  so 
satisfactory  that  the  only  concern  of  the  spoilers  was  to 
make  its  continuance  certain.  That  was  impossible  unless 
they  could  grasp  all  power,  local  as  well  as  general,  and 
provide  the  way  to  retain  it  in  spite  of  the  will  of  the  people. 
Preparatory  to  this  scheme  "the  outrage  mill"  was  set  to 
work.  It  was  charged  that  fair  electious  could  not  be  held 
because  of  intimidation  and  violence.  This  was  a  pretext. 
The  object  was  an  excuse  to  invent  and  put  in  operation 
election  machinery,  which  would  enable  them  to  maintain 
control  of  the  parish,  municipal  and  state  offices.  Their 
purpose  was  to  fasten  upon  the  intelligent,  respectable  and 
property-owning  class  a  government  which  was  to  regulate 
the  local  concerns  of  the  parishes,  towns  and  cities  as  well 
as  the  affairs  of  the  state,  the  burdens  of  which  were  to  be 
borne  by  citizens  who  were  to  be  practically  disfranchised. 
It  was  necessary  to  secure  the  co-operation  of  a  few  unprin 
cipled  white  men,  natives  of  different  parishes,  or  carpet 
baggers  recently  settled  in  the  interior  towns,  and,  therefore, 
they  were  assigned  the  local  pickings  and  stealings.  But 
this  made  it  necessary  to  provide,  that  whatever  local  officers 
were  elective  should  be  really  named  by  the  central  power. 
All  political  authority,  the  distribution  of  vast  and  widely 
ramifying  patronage,  the  valuation  of  property,  the  assess 
ment  and  collection  of  all  local  and  general  taxes,  the  man- 


320  A    POLITICAL    CRIME. 

agement  of  public  schools,  the  building  of  school-houses, 
the  employment  of  teachers,  the  construction  and  repair  of 
highways  and  bridges,  the  administration  of  justice — every 
thing  pertaining  to  the  local  government  was  to  be  centered 
in  the  governor,  whose  will  could  only  be  regulated  by  a 
Senate  which  was  always  subservient. 

The  men  who  originated  this  scheme  knew  that  its  main 
tenance  would  be  a  difficult  and  dangerous  undertaking. 
They  based  their  hope  of  success  upon  three  things — first, 
the  control  of  the  large  negro  population,  second,  the  coun 
tenance  and  protection  of  the  Federal  government,  and  third, 
the  fact  that  the  white  population  was  not  altogether  of 
Anglo-Saxon  lineage  and  had,  moreover,  long  been  accus 
tomed  to  the  civil  law  and  many  of  the  institutions  peculiar 
thereto.  A  pure  Anglo-Saxon  community,  with  its  tradi 
tional  folkmote,  its  cherished  right  of  local  self-government, 
could  not  have  been  kept  in  subjection  to  an  alien  rule  of 
this  kind. 

Registration  and  election  laws*  were  enacted  in  1870 
which  supplemented  each  other.  The  first,  delegated  to  the 
governor  the  appointment  of  the  persons  who  determined  who 
should  vote,  and  the  second,  invested  a  Returning  Board 
composed  of  the  governor,  lieutenant-governor,  secretary 
of  state,  and  two  senators  named  in  the  act,  with  the  power 
to  count  the  votes  and  declare  who  had  been  elected.  The 
act  was  unconstitutional  because  it  made  persons  not  con 
templated  by  the  constitution  Returning  officers.  But  this 
was  of  no  consequence  to  the  conspirators  against  the  liber 
ties  of  the  people,  because  the  entire  judiciary  was  appointed 
by  the  governor,  and  the  judges  were  his  creatures.  More 
over,  a  political  court  had  been  created  which  was  invested 
with  exclusive  original  jurisdiction  in  all  cases  of  summary 

*  Senate  Report,  No.  457,  420!  Cong.  $d  Sess.  pp.  35  to  75. 


THE    REGISTRATION    LAW.  321 

process,  and  in  all  proceedings  instituted  to  try  contests  for 
office. 

The  governor,  by  the  registration  law,  appointed  by  the 
advice  and  consent  of  the  Senate  a  State  Registrar  of  Voters, 
who  was  to  be  paid  $3,000  a  year  out  of  the  state  treasury 
upon  his  own  warrant,  one  chief  clerk  at  a  salary  of  $1,500, 
and  one  assistant  clerk  at  a  salary  of  $1,200  per  annum. 
The  chief  clerk  could  perform  the  functions  and  discharge  all 
the  duties  of  the  registrar  in  his  absence  or  disability.  Quar 
ters,  and  all  blank  books,  stationery,  and  all  expenses  were 
to  be  paid  for  on  the  warrants  of  the  registrar.  The  sextons 
of  all  cemeteries  in  the  parish  of  Orleans  were  to  report  the 
interments  of  all  males  of  twenty-one  years  and  over,  and 
whatever  other  statistics  the  registrar  might  require  he  was 
authorized  to  obtain  and  report  to  the  legislature  annually. 
This  general  authority  was  held  to  cover  a  quadrennial  cen 
sus  of  the  state  which  was  made  the  basis  for  election 
frauds.  The  governor  also  could  appoint,  within  two  months 
of  any  general  election,  for  each  parish  in  the  state,  except 
Orleans  and  Jefferson,  one  supervisor  of  registration,  and  one 
assistant  supervisor  for  each  ward  of  New  Orleans  and  for 
each  part  of  Jefferson,  as  divided  by  the  Mississippi  river. 
These  officers  were  to  receive  $5  per  day  for  each  day  they 
were  employed,  which  might  be  till  ten  days  after  the  elec 
tion.  They  could  have  two  clerks,  each  at  a  salary  of  $3.50 
per  diem.  They  were  to  open  one  office  in  each  parish,  but 
they  could  go  to  different  points  to  give  facility  for  registra 
tion  if  they  deemed  it  necessary.  In  New  Orleans  they 
were  to  keep  open  their  offices  for  fifty  days  prior  to  the 
election,  but  must  close  ten  days  before,  and  in  the  parishes 
twenty  days  prior  to,  and  close  nine  days  before  the  day 
of  election.  They  were  to  give  notice  of  the  appointed  time 
and  place  of  registration.  They  were  the  sole  judges  of  the 


322  A    POLITICAL    CRIME. 

right  of  electors  to  register  and  their  certificates  alone  gave 
citizens  the  right  to  vote.  Parish  judges  not  only  could 
afford  no  relief  to  the  citizen  unlawfully  deprived  of  his 
rights,  but  if  they  attempted  to  do  so  they  were  liable  to  a 
fine  of  not  less  than  $500,  six  months'  imprisonment  and 
impeachment  and  removal.  The  governor  could  at  his 
pleasure  remove  supervisors  and  assistant  supervisors.  The 
supervisors  appointed  three  polling  officers,  known  as  com 
missioners  of  elections  and  any  number  of  assistants  who 
had  the  power  of  constables.  It  was  required  that  a  gen 
eral  registration  should  be  held  in  1874  and  no  one  could 
vote  on  a  certificate  issued  prior  to  that  date. 

The  election  law  provided  that  each  parish  and  each 
ward  of  the  city  of  New  Orleans  should  constitute  an 
election  precinct  and  that  the  supervisors  and  assistant  super 
visors  should  determine  the  number  of  polling  places  but 
were  only  required  to  establish  one  for  each  justice  of  the 
peace's  ward  outside  New  Orleans.  The  commissioners  of 
election  were  to  receive  the  ballots  of  registered  voters,  and 
to  preserve  the  peace  with  the  assistance  of  their  assistants, 
and  could  order  the  arrest  and  confinement,  until  after  the 
close  of  the  polls,  of  any  persons  they  adjudged  guilty  of 
disorder.  They  were  to  keep  a  list  of  the  names  of  the 
persons  voting,  numbering  the  voters  from  one  to  the  end, 
which  they  were  to  sign  and  swear  to  as  correct,  immedi 
ately  on  the  close  of  the  polls.  The  ballots  were  to  be 
counted  at  the  close  of  the  election,  then  and  there,  in  the 
presence  of  bystanders,  without  moving  the  boxes,  and  the 
tally  lists,  lists  of  voters,  and  ballots  were  to  be  placed  in 
the  boxes  and  committed  to  the  custody  of  the  clerks  of  the 
district  courts. 

A  duplicate  of  the  count  of  votes  was  to  be  for 
warded  to  the  Supervisor  of  Registration  together  with  a 


MAKING    PROTESTS.  323 

full  statement,  under  oath,  verified  by  three  citizens,  respect 
able  and  qualified  voters,  of  any  riot,  tumult,  acts  of 
violence,  intimidation,  disturbance,  bribery  or  corrupt  in 
fluence  preventing  or  tending  to  prevent  a  fair,  free,  peace 
able  election,  and  of  the  exact  number  of  qualified  electors 
thereby  deterred  from  voting.  The  Supervisor  of  Registra 
tion  was  to  make  a  consolidated  statement  of  the  vote  of 
his  parish,  in  duplicate,  and  attach  to  each  "  by  paste,  wax, 
or  some  adhesive  substance,  that  the  same  can  be  kept  to 
gether,"  first  a  statement,  made  and  sworn  to,  by  himself, 
and  corroborated  under  oath  by  three  respectable  witnesses, 
qualified  voters,  of  "  any  riot,  tumult,  acts  of  violence,  in 
timidation,  and  disturbance,  bribery  or  corrupt  influence  at 
any  place  within  said  parish,  or  at  or  near  any  place  of 
registration,  or  revision  of  registration"  which  "  prevented  or 
tended  to  prevent  a  fair,  free,  peaceable  and  full  registra 
tion  ;"  and,  second,  the  statements  of  the  commissioners  of 
election  as  to  any  like  occurrences  at  the  time  of  the  election. 
One  copy  of  these  duplicate  consolidated  statements  with 
the  attachments,  he  was  to  deposit  with  the  clerk  of  the 
court  after  swearing  to  both  before  him,  and  the  other  he 
was  to  forward  by  mail  to  the  Returning  Officers  together 
with  the  returns  from  the  commissioners  of  elections,  their 
tally  sheets  and  lists  of  persons  voting. 

Within  ten  days  after  the  closing  of  the  elections  the 
Returning  Board  was  to  meet  in  New  Orleans  to  canvass 
and  compile  the  statements  of  votes  made  by  the  commis 
sioners  of  elections.  They  were  to  continue  in  session  till 
such  returns  were  compiled,  and  at  such  meeting  the  pre 
siding  officer  in  the  presence  of  the  other  members  should 
open  the  said  statements  and  compile  first  the  statements 
from  all  polls  and  voting  places  at  which  there  had  been  a 
fair,  free,  and  peaceable  registration  and  election.  In  the 


324  A    POLITICAL    CRIME. 

event  of  any  statement,  as  required  by  law,  from  the  Super 
visor  of  Registration  affecting  the  registration,  or  from  the 
Commissioners  of  Elections  affecting  the  election,  or  both, 
they  were  not  to  canvass,  count,  or  compile  such  statements 
of  votes,  thus  affected,  until  all  statements  from  other  polls 
or  voting  places  were  canvassed  and  compiled.  This  being 
done  they  were  to  proceed  to  investigate  the  statements  of  the 
supervisor  as  to  interference  with  registration,  and  the  state 
ments  of  commissioners  as  to  occurrence  at  time  and  place 
of  election,  and  if  they  were  fully  convinced  by  evidence 
that  for  any  of  the  causes  specified  the  purity  and  freedom 
of  election  at  such  poll  or  voting  place  was  interfered  with 
they  should  "  not  canvass  or  compile  the  statement  of  the 
votes  of  such  poll  or  voting  place,  but  shall  reject  it  from 
their  returns." 

It  will  be  observed  that  the  power  and  influence  of  the 
governor  over  elections  was  almost  unlimited.  He  ap 
pointed,  practically,  all  the  election  officers.  The  Super 
visors  of  Registration  were  his  creatures.  Their  dictum 
as  to  the  right  of  voters  to  register  was  absolute.  And  after 
the  election  they  and  their  appointees,  provided  they  could 
secure  three  respectable  citizens,  qualified  electors,  to  join 
with  them,  might  invalidate  the  election  at  any  poll  or  polls. 
The  Returning  Board  officers  were  the  final  arbiters,  it  is 
true,  but  they  were  also  his  creatures.  But  the  proceedings 
of  these  officers  must  be  regular  and  in  strict  conformity  to 
the  law.  The  Supervisor  of  Registration  could  protest  ONLY 
to  acts  affecting  the  registry  of  voters,  and  the  Commissioners 
of  Election  only  to  acts  affecting  the  voting.  It  was  true, 
nevertheless,  that  the  courts,  presided  over  by  creatures  of 
the  governor,  were  of  no  avail  to  the  citizens,  if  the  forms 
of  law  were  not  observed  in  exercising  the  tremendous 
power  thus  vested  in  a  few  men. 


UNCONSTITUTIONAL    LAWS.  325 

That  the  election  law  was  clearly  in  conflict  with  the 
constitution  of  the  State  admits  of  no  doubt.  A  majority 
of  the  committee  on  privileges  and  elections  of  the  Senate 
of  the  United  States,  among  whom  were  some  of  the  ablest 
Republican  lawyers  of  that  body,  say  of  it :  *  "  This  act  is 
in  conflict  with  the  constitution  in  several  particulars :  first, 
the  constitution  provides  that  the  returns  of  the  election  of 
all  members  of  the  legislature  shall  be  made  to  the  Secretary 
of  State.  And  article  48  provides  that  the  returns  of  every 
election  for  Governor  shall  be  sealed  up  and  transmitted  to 
the  Secretary  of  State,  who  shall  deliver  them  to  the 
Speaker  of  the  House  of  Representatives  then  next  to  be 
holden,  and  that  the  members  of  the  general  assembly  — 
that  is,  both  houses  of  the  legislature  —  shall  meet  in  the 
House  of  Representatives  to  examine  and  count  the  votes 
for  governor  and  lieutenant  governor." 

Senator  Edmunds  in  a  speech  made  in  the  Senate, 
March  16,  1875;  m  combating  the  theory  advanced  by 
some  of  his  Republican  colleagues  that  the  "  returns " 
spoken  of  in  the  constitution  of  Louisiana,  might  be  held 
to  mean  the  "  returns  "  made  by  the  Returning  Board  said, 
after  quoting  article  48,  of  the  constitution : 

t "  In  the  light  of  that  language,  can  any  senator  stand 
up  here  and  say  that  he  believes  that  the  word  "  returns  " 
as  used  in  that  constitution,  means,  or  can  mean,  any  other 
thing  than  the  local  official  papers  taken  at  the  time  in  every 
voting  district  and  precinct  in  the  state,  and  that  in  Louisi 
ana,  as  I  believe  in  Indiana,  and  certainly  in  Vermont  and 
Massachusetts  and  many  other  states,  the  votes  of  the  peo 
ple,  taken  on  the  same  day,  and  before  a  thousand  different 
officers  in  different  places,  are  by  a  statement  to  be  sealed 

*  Senate  Report  No.  457,  430!  Cong.  3d  Sess.  p.  V. 
t  Cong.  Record,  Part  I,  Vol.  IV,  p.  65. 


326  A    POLITICAL    CRIME. 

up  and  transmitted  to  the  sovereign  power  of  the  state,  that 
by  them,  and  not  by  any  judgment  of  any  intervening 
authority,  the  original  evidence  of  what  the  will  of  the 
people  has  been,  shall  receive  examination,  and  that  by 
them  the  result  shall  be  declared  ?" 

The  political  adventurers  thus  entrenched  in  office  be 
hind  this  unconstitutional  law,  exercising,  nevertheless, 
supreme,  though  illegal,  control  over  the  ballot-box,  flour 
ished  exceedingly  until  those  who  were  the  beneficiaries  of 
the  Federal  patronage  became  jealous  and  envious  of  War- 
moth  and  his  followers.  The  quarrel  began  in  the  fall  of 
1870,  and  continued  with  varying  fortunes  to  the  respective 
sides  till  it  culminated  in  December,  1872,  by  the  complete 
overthrow  of  Warmoth.  But  from  1868  to  1871  the  carnival 
of  plunder  was  enough  to  satisfy  both  the  State  House  and 
Custom  House  ringleaders.  The  inception  of  the  quarrel 
was  probably  the  desire  of  James  F.  Casey,  the  brother-in- 
law  of  President  Grant,  who  was  collector  of  customs  at 
New  Orleans  to  be  made  United  States  senator.  There  had 
been,  and  there  promised  to  be,  ample  spoil  to  satisfy  the 
small  number  of  chief  adventurers  no  matter  how  voracious 
they  might  be.  They  have  testified  before  Congressional 
committees  concerning  each  other's  villainy,  and  from  this 
data  their  characters  will  be  delineated. 

Warmoth  had  an  appreciation  of  printer's  ink  and  be 
sides  subsidizing  the  press  of  the  entire  state  by  the  judicious 
distribution  of  the  publications  paid  for  out  of  the  state 
treasury,  founded  an  official  organ  of  which  he  owned  one- 
third,  and  in  one  year  bestowed  upon  it  $700,000  for  pub 
lic  printing.  He,  in  1867,  secured  the  funding  of  a  debt 
against  the  state  which  had  been  incurred  under  Confederate 
authority  and  was  outlawed  by  the  constitution  of  1868  to 
the  amount  of  $290,000.  He  was  accused  of  having  an 


HENRY    CLAY    WARMOTH.  327 

interest  in  every  job  and  scheme  of  plunder  that  was  put 
through  the  legislature.  As  will  be  seen  hereafter  he  dis 
played  wonderful  familiarity  with  legislative  corruptions. 
He  was  unquestionably  the  source  of  all  power  —  an  auto 
crat  uncontrolled  save  by  his  own  will.  The  legislature  was 
under  his  undisputed  and  absolute  sway  for  two  years. 
Whatever  bill  he  favored  became  a  law,  and  with  his  op 
position  no  legislation  could  be  obtained.  The  judiciary 
were  likewise  his  creatures  and  tools.  Warmoth  made  no 
pretense  of  immaculateness.  He  was  always  frank  and 
bold.  He  once  said  to  a  delegation  of  bankers  :  "  I  don't 
pretend  to  be  honest.  I  only  pretend  to  be  as  honest 
as  anybody  in  politics."  He,  however,  on  that  oc 
casion  proved  himself  to  be  quite  as  honest  as  the  New 
Orleans  bankers.  They  had  endeavored  to  buy  legislation, 
and  Warrnoth  mercilessly  exposed  them.  He  told  them 
the  truth  when  he  declared  that  "  corruption  is  the  fashion" 
in  Louisiana.  A  corrupt  government  inevitably  demora 
lizes  the  entire  community.  One  of  his  most  eloquent  op 
ponents,  the  speaker  at  one  time  of  the  House  of  Repre 
sentatives,  thus  describes  Warmoth  :* 

"  Who  is  Henry  Clay  Warmoth  ?  I  knew  him  before 
he  was  governor.  He  came  in  your  midst  poor  and  an 
adventurer,  and  he  has  been  elected  to  office,  and  gradually, 
by  corruption  and  all  the  questionable  means  resorted  to  by 
the  political  demagogue,  abusing  the  confidence  of  a  sim 
ple-minded  and  confiding  people,  he  has  acquired  and 
holds  power  more  despotic  than  any  king  in  Europe,  and 
patronage  more  abundant  and  potent  than  any  five 
governors  in  the  Union.  Through  the  registration  and 
election  laws  he  makes  voters  and  controls  elections. 
Through  his  patronage  he  poisons  public  virtue  and  cor- 

*  New  Orleans  Picayune. 


328  A    POLITICAL    CRIME. 

rupts  public  officers ;  and  through  the  metropolitan  police, 
militia,  and  constabulary  laws,  he  intimidates  and  coerces 
those  whom  he  cannot  corrupt.  With  executive  powers  the 
greatest  possible,  he  has  nefariously  absorbed,  in  many 
instances,  judicial  power,  and  manipulated  and  controlled 
the  legislative  department  of  the  State ;  and  all  this  for  the 
perpetuation  of  his  power,  and  the  aggrandizement  of  his 
partisans,  rather  than  for  the  public  weal." 

Mr.  Warmoth  delineated  the  characters  of  his  principal 
opponents  in  his  turn.*  He  testified  that  James  F.  Casey, 
collector  of  the  port  of  New  Orleans,  was  interested  in  the 
act  to  incorporate  the  Shed  Company,  which  monopolized 
the  front  levee  from  Common  to  Poydras  streets,  New  Or 
leans,  and  taxed  all  merchandise  landed  at  the  steamboat 
wharves ;  that  Casey  was  in  charge  of  the  corruption  fund 
to  secure  the  passage  of  the  bill.  This  act  Warmoth  vetoed. 
But  Casey  and  others  associated  with  him  passed  a  ware 
house  bill,  over  Warmoth's  veto,  which  gave  the  concern 
$1,400,000  of  State  bonds. 

S.  B.  Packard,  then  United  States  marshal,  subsequently 
candidate  for  governor  in  1876,  secured  the  passage  by  bri 
bery  of  a  paving  bill  which  would  have  taken  from  owners 
of  property  in  New  Orleans  and  the  State  treasury  for  one 
street  $1,250,000,  and  Warmoth  vetoed  it  notwithstanding 
he  was,  as  he  claims,  offered  $50,000  to  approve  it. 

John  Ray,  of  whom  we  will  hear  more  hereafter,  and 
Luedling,  chief  justice  subsequently  of  the  state,  secured  the 
passage  of  a  bill  which  gave  their  railroad  from  Vicksburg  to 
Monroe,  Louisiana,  $546,000  in  state  bonds;  and  also  the 
incorporation  of  the  Louisiana  Levee  Company  with  author 
ity  to  build  fifteen  million  cubic  yards  of  levees  at  60  cents 
a  cubic  yard,  and  to  assess  a  tax  of  10%  on  the  cost  of  the 

*  H.  R.  Mis.  Doc.  No.  211,  420!  Cong,  ad  Sess.  pp.  395  to  401. 


WHOLESALE    BRIBERY.  329 

property  of  the  state  for  twenty-one  years  and  to  issue  its 
bonds  endorsed  by  the  state  in  anticipation  of  the  taxes. 

It  was  proved  by  other  witnesses  that  a  Mr.  H.  S. 
Kimball,*  procured  legislation  in  behalf  of  the  New 
Orleans,  Jackson,  and  Great  Northern  Railroad  Com 
pany,  by  the  bribery  of  P.  B.  S.  Pinchback,  Hugh 
J.  Campbell,  Mortimer  Carr,  and  other  legislators.  One 
witness  testified  as  follows  :  "  I  have  seen  money  paid 
to  members  of  the  legislature  by  one  or  two  different 
parties.  I  was  asked,  in  one  instance,  to  go  with  a  party 
who  told  me  he  had  a  large  amount  of  money  to  pay  out ; 
as  he  supposed  some  members  would  object  to  giving  him 
a  receipt,  he  asked  me  to  go  along  as  a  witness."  This  same 
witness  testified  that  he  knew  members  of  the  legislature  to 
accept  notes  in  part  payment  for  their  services  and  votes. 
Bartley  Campbell,  author  and  dramatist,  who  was  at  one 
time  official  reporter  of  the  Louisiana  assembly,  while 
Warmoth  was  governor,  states  that  on  frequent  occasions 
he  had  seen  money  paid  to  legislators  on  the  floor  of  the 
House  to  secure  the  withdrawal  of  their  opposition  to  cer 
tain  measures.  It  was  proved  that  H.  S.  Kimball  disbursed, 
to  secure  railroad  legislation  at  one  session  of  the  legisla 
ture,  $80,000.  The  expenses  of  the  general  assembly  which 
in  1 86 1  had  only  been  $175,000  were  in  1871  increased  to 
nearly  $1,000,000.  That  year  the  State  tax  was  $2  on  every 
$100,  and  in  the  city  of  New  Orleans  $5  on  every  $100 
of  assessed  valuation  of  property.  George  A.  Sheridan,  a 
favorite  of  Warmoth,  received  in  one  year  as  collector  of 
taxes  fees  amounting  to  over  $60,000. 

This  saturnalia  of  jobbery  and  corruption,  with  the  at 
tending  public  and  private  immorality,  lasted  for  two  years 

*  H.  R.  Mis.  Doc.  No.  211,  42d  Cong,  ad  Sess.  pp.  474  to  481. 


33°  A    POLITICAL    CRIME. 

without  any  disturbance  to  the  harmony  of  the  rogues.  In 
1870  Warmoth  having  obtained  the  registration  and  elec 
tion  laws  which  vested  in  him  absolute  power,  determined 
to  perpetuate  his  sway.  The  constitution  provided  that  the 
governor  should  be  ineligible  for  the  four  years  succeeding 
his  term  of  office,  but  this  was  a  trifling  obstacle  to  a  man 
who  had  been  made  master  of  the  ballot-box  and  the 
counting  of  the  votes.  He  simply  had  his  legislature  pro 
vide  a  constitutional  amendment  making  him  eligible  and 
went  through  the  form  of  submitting  it  to  the  people. 
The  Custom  House  branch  of  the  carpet-bag  party  were 
alarmed  by  this  bold  move  of  Warmoth.  They  had  grown 
rich  and  the  patronage  they  controlled  gave  them  potent 
political  influence  provided  by  any  means  they  could  clip 
the  wings  of  the  governor.  They  endeavored  to  defeat  his 
constitutional  amendment  in  the  legislature  but  failed.  They 
sought  to  have  it  voted  down  by  th£  people,  but  the  elec 
tion  machinery  was  too  perfect  and  worked  too  smoothly. 
The  ratification  was  secured  without  difficulty. 

The  secretary  of  state,  who  was  by  law  a  member  of  the 
Returning  Board,  was  indiscreet  in  announcing  his  opposi 
tion  to  Warmoth,  and  he  was  promptly  removed  and  his 
successor  appointed.  This  was  an  act  of  usurpation.  The 
secretary  of  state  had  been  elected  on  the  same  ticket  with 
Warmoth  and  could  only  be  removed  by  impeachment. 
Constitutional  provisions  never  stood  in  the  way  of  these 
political  freebooters.  The  courts  being  the  only  restraint 
upon  the  governor  during  the  recess  of  the  legislature,  War- 
moth  always  saw  to  it  that  the  judges  were  his  pliant  tools. 
The  appeal  of  the  secretary  of  state  to  the  courts  resulted  in 
his  prompt  non-suiting. 

The  Federal  patronage  party  realized  that  their  only 
way  of  defeating  Warmoth  was  to  wrest  from  him  the  con- 


WARMOTH'S    MISTAKE.  33  l 

trol  of  the  party  organization.  But  to  do  this  it  was  abso 
lutely  necessary  to  have  the  sympathy  and  cooperation  of 
the  President.  The  first  step  was  to  detach  Casey,  collector 
of  customs,  who  being  the  President's  brother-in-law  had 
his  confidence.  Warmoth  had  flattered  Casey  with  intima 
tions,  perhaps  with  promises,  that  he  should  be  elected  to 
the  United  States  Senate  in  1871,  but  so  confident  was  he 
of  his  own  strength  that  he  suffered  one  of  his  creatures 
who  was  administrator  of  public  improvements  in  New  Or 
leans,  John  R.  West,  to  walk  off  with  that  prize.  Casey  was 
bitterly  disappointed,  and  was  ready  to  join  Packard,  Kel 
logg,  and  the  rest  of  the  anti-Warmoth  gang.  They  knew 
how  to  flatter  and  wheedle  him.  He  was  a  jovial,  agreea 
ble  fellow  without  any  moral  stamina  and  possessing  very 
limited  abilities.  Intent  upon  his  personal  enrichment  and 
political  elevation  he  readily  became  the  facile  instrument 
of  the  adroit,  unscrupulous  men  who  surrounded  him.  One 
of  the  radical  defects  of  President  Grant  was  his  total  inability 
to  judge  men.  His  devotion  to  those  he  liked  blinded  him 
to  any  of  their  shortcomings.  He  had  suffered  the  incon 
veniences  of  extreme  poverty  and  he  was  always  ready  to 
assist  one  of  his  relatives  to  better  his  fortunes.  He  had 
made  Casey  collector  of  the  port  of  New  Orleans  because 
he  was  poor,  and  he  would  have  been  exceedingly  gratified 
if  Warmoth  had  made  him  United  States  Senator.  He  was 
piqued  when  the  promised  work  was  not  performed.  Casey 
was  supplied  with  the  requisite  stories  of  Warmoth's  insin 
cerity,  faithlessness,  and  general  treacherousness,  and  plied 
the  President  therewith.  The  President  was  in  the  mood 
to  accept  them  as  gospel  truths,  and  gave  his  sympathy  and 
cooperation  unreservedly  to  the  anti-Warmoth  faction. 

A  state  convention  was   to  be  held  in   New   Orleans, 
August   19,    1871,   to   appoint   a   Republican  state   central 


33  2  A    POLITICAL    CRIME. 

committee.  Packard  was  chairman  of  the  then  existing 
central  committee,  and  issued  the  call  for,  and  called  to  or 
der,  the  state  convention.  He  did  not  indicate  where  it  was 
to  be  held  in  his  call,  but  the  day  before  the  meeting  he  an 
nounced  that  it  would  be  held  in  the  custom  house.  The 
same  day  he  made  a  requisition  on  the  commanding  gen 
eral  of  the  military  district  for  troops  and  the  commander 
at  the  barracks  was  ordered  to  supply  him.*  One  company 
of  infantry  were  marched  to  the  custom  house  on  the  morn 
ing  of  August  i Qth  and,  with  a  hundred  more  deputy  mar 
shals,  Packard  guarded  every  approach  to  the  United 
States  court  room  and  admitted  no  one  till  he  had  packed 
the  convention  with  the  delegates  selected  by  himself  and 
friends.  Warmoth  and  his  friends,  who  were  admitted  to 
the  custom  house,  but  held  in  the  corridors,  between  files  of 
soldiers  and  deputy  marshals,  until  Packard  was  ready  to 
admit  them  to  the  court  room,  refused  to  take  part  in  the 
packed  convention  and  withdrew  and  held  a  convention  of 
their  own  elsewhere.  Complaint  was  made  to  the  President 
by  Warmoth  and  his  faction  of  the  conduct  of  Packard  and 
of  the  use  of  troops  and  deputy  marshals  for  political  pur 
poses. 

The  President,  according  to  Judge  Dibble's  evidence, 
said  he  would  investigate  the  matter,  but  he  never  did.  It 
was  Dibble's  opinion  that  the  President  "  had  come  to  the 
conclusion  that  anything  was  justifiable  to  overthrow  Gover 
nor  Warmoth."  The  Packard,  Kellogg,  Casey,  combination, 
named  their  central  committee  and  claimed  to  be  the  regu 
lar  Republican  party.  They  were  in  control  of  the  organi 
zation  and  began  preparations  to  impeach  Warmoth.  The 
control  of  the  House  was  in  their  hands  and  by  presenting 
articles  of  impeachment  against  the  governor  his  functions 

*  H.  R.  Mis.  Doc.  No.  211,  426.  Cong,  ad  Sess.  pp.    136-7. 


ROGUES   QUARRELLING.  333 

were  suspended  until  he  was  acquitted.  This  would  have 
made  the  lieutenant-governor,  a  colored  man,  and  an  ad 
herent  of  the  Custom  House  party,  acting-governor.  But 
Dunn  died  and  Warmoth  called,  instead  of  an  extra  session 
of  the  legislature,  the  senate  only  to  meet  in  extraordinary 
session.  Warmoth  succeeded  by  the  bribery  of  a  senator, 
who  voted  the  first  time  for  the  Custom  House  candidate, 
in  having  Pinchback  elected  lieutenant-governor. 

The  regular  session  of  the  legislature  met  on  January 
ist,  1872,  and  Packard  and  Casey  by  putting  seven  sen 
ators  on  the  revenue  cutter,  Wilderness,  and  keeping  them 
out  of  the  way  of  the  sergeant-at-arms,  prevented  a  quorum 
in  the  senate.  The  House  met  and  by  a  vote  of  49  to  45 
confirmed  Carter,  the  speaker  of  the  previous  session,  for 
the  ensuing  one.  This  was  simply  a  test  vote,  for  the 
legislature  being  biennial  with  two  sessions,  of  course,  the 
speaker  elected  at  the  beginning  of  the  term  held  over  un 
less  the  House  proceeded  to  a  new  election.  The  next 
day,  however,  on  the  motion  to  approve  the  journal  of  the 
preceeding  day,  the  vote  was  46  for  and  49  against.  The 
Custom  House  faction  knew  that  Warmoth  had  "  got  in 
his  work"  during  the  night  and  a  row  ensued.  A  motion 
to  elect  a  new  speaker  was  made  and  declared  carried  by 
Mortimer  Carr,  but  force  being  opposed  to  the  installation 
of  the  new  speaker,  the  House  adjourned  in  a  tumult. 

Thereupon  Packard  procured  warrants,  from  a  friendly 
United  States  commissioner,  for  the  arrest  of  Warmoth, 
Pinchback,  several  senators,  and  eighteen  members  of  the 
House  on  a  charge  of  conspiring  to  resist  the  execution  of 
the  laws  of  the  United  States.  It  was  an  infamous  pro 
ceeding  but  it  accomplished  its  purpose.  The  next  day 
Packard's  deputies  entered  the  State  House  and  began 
making  the  arrests.  The  Warmoth  members,  thrown  into 


334  A    POLITICAL    CRIME. 

confusion  nearly  all  left  the  hall  whereupon,  without  a 
quorum,  the  Custom  House  faction  unseated  seven  War- 
moth  members  and  admitted  six  of  their  fellows,  but  they 
stopped  short  of  impeaching  Warmoth  and  adjourned.  He 
was  equal  to  the  emergency  with  a  like  unconstitutional 
proceeding.  He  issued  a  proclamation  convening  the 
legislature  in  extraordinary  session  that  same  day.  Notice 
was  given  only  to  his  friends.  The  senate  met,  but  being 
without  a  quorum,  the  Warmoth  members  of  the  House 
assembled  and,  procuring  the  attendance  of  a  quorum,  pro 
ceeded  to  wipe  out  the  proceedings  of  the  morning,  to  de 
clare  the  office  of  speaker  vacant  and  to  elect  a  new,  and  to 
expel  from  the  House  the  old  one.  Thereupon  ensued  the 
famous  Carter- Warmoth  war.  For  three  weeks  two  armed 
bodies  faced  each  other  and  the  lives  of  peaceable  citizens, 
as  well  as  their  property,  were  endangered.  The  only 
strength  of  the  Carter  faction  was  the  support  given  it  by 
the  Federal  officials  and  the  belief  that  the  national  ad 
ministration  would  back  it  with  physical  force.  The  gov 
ernor  communicated  the  facts  about  the  use  of  the  revenue 
cutter  to  keep  the  Senate  from  having  a  quorum,  and  the 
interference  of  the  United  States  marshal  to  deprive  the 
House  of  eighteen  of  its  members.  It  was  six  days  before 
the  commander  of  the  revenue  cutter  was  ordered  to 
return  to  his  proper  duties  and  to  unship  his  freight  of 
recalcitrant  senators.  The  President,  through  the  Attorney 
General,  declined  to  take  any  part  in  the  contest.  In 
this  he  was  undoubtedly  right.  It  was  a  factional  fight 
and  he  had  no  constitutional  authority  to  interfere  or  to 
employ  the  troops.  But  this  conservative  view  of  his 
functions  on  this  occasion  should  be  marked  and  remem 
bered  in  view  of  what  followed  a  year  later.  Preparations 
were  made  on  both  sides  for  an  armed  conflict  and  Carter 


WARMOTH   TRIUMPHS.  335 

proclaimed  that  on  January  22d  he  would  move  on  the 
State  House.  The  morning  of  that  day  General  Emory  in 
formed  the  leaders  of  the  two  factions  that  he  had  received 
orders  from  Washington  to  suppress  both  sides  if  there  was 
any  fighting.  This  ended  the  Carter-Warmoth  war  and  the 
latter  remained  master  of  the  situation. 


336  A    POLITICAL    CRIME. 


CHAPTER    XVIII. 


The  quarrel  of  Warmoth  with  the  Federal  administration:  The 
people's  party:  The  election  of  1872:  The  investigation  by  the 
Senate  committee  of  privileges  and  elections :  The  Returning  Board 
embroglio:  The  infamous  conduct  of  the  Federal  judge,  E.  H. 
Durell:  The  scathing  report  of  the  majority  of  the  Senate  commit 
tee  :  The  usurpation  of  Kellogg  sustained  by  Federal  troops :  The 
conduct  of  Attorney-general  Williams :  Warmoth  turned  out :  The 
people  do  not  recognize  Kellogg's  government:  The  September  re 
volution  :  The  election  of  1874:  The  verdict  of  the  people  again 
set  aside :  The  conduct  of  the  Returning  Board  denounced  by  a 
Republican  congressional  committee :  The  interference  of  the  mil 
itary  :  The  speech  of  Mr.  Evarts :  The  Federal  administration  de 
nounced. 


SOME  efforts  at  reconciliation  were  made  during  the  spring 
of  1872.  What  threatened  to  be  a  serious  defection  in  the 
Republican  party  in  the  North  had  manifested  itself  upon 
the  assembling  of  Congress  in  December  1871.  A  series  of 
investigations  followed  into  the  conduct  of  the  War  and 
Navy  departments.  The  opposition  which  the  attempt  on 
San  Domingo  had  created  among  Republican  senators  was 
strengthened  by  the  disclosures  in  connection  with  the  sale 
of  arms  to  France  by  Belknap,  Secretary  of  War,  and  the 
payment  of  the  Secor  claims  by  Robeson,  Secretary  of  the 
Navy.  A  formidable  attack  was  begun,  and  followed  up 
with  great  persistence,  by  several  leading  Republican  news 
papers.  The  administration  and  its  friends  in  Congress  de 
sired  to  bring  the  disunited  party  in  Louisiana  together  and 


A    COALITION    TICKET.    .  337 

to  establish  harmonious  relations  between  the  Warmoth  and 
anti-Warmoth  factions.  But  overtures  to  Warmoth  were 
met  by  the  demand  for  the  removal  of  Casey.  The  Presi 
dent  would  not  agree  to  sacrifice  his  brother-in-law  and 
Warmoth  would  not  yield.  He  had  already  entered  into 
negotiations  with  the  democrats  of  Louisiana,  and  believed 
that  the  Independent  Republican  revolt  at  the  North  would 
be  sufficient  to  secure  the  defeat  of  Grant  whose  nomina 
tion  was  a  foregone  conclusion. 

A  coalition  was  formed  between  Warmoth  and  his  fol 
lowers  and  the  democrats.  The  people's  party  nominated 
John  McEnery  for  Governor  and  D.  B.  Penn  for  Lieuten 
ant  Governor.  A  legislative  ticket,  Congressmen,  and  an 
electoral  ticket  for  Greeley  and  Brown,  were  also  agreed 
upon.  There  was  to  be  an  important  municipal  election  in 
New  Orleans  and  a  judicial  ticket  was  to  be  elected  also. 
For  the  important  eighth  district  court,  otherwise  known 
as  "  the  Political  Court,"  the  fusionists  nominated  Judge 
Elmore.  The  Custom  House  republicans  nominated 
Kellogg  for  Governor,  C.  C.  Antoine,  a  colored  man,  bom 
in  Hayti,  for  Lieutenant  Governor,  legislative,  congres 
sional,  and  electoral  tickets,  and  for  the  eighth  district 
court  judgeship,  Judge  Dibble,  who  had  gone  over  to  the 
enemies  of  Warmoth. 

The  election  was  held  on  the  fourth  of  November.  It 
was  conducted  strictly  in  accordance  with  the  laws  enacted 
in  1870.  The  supervisors  of  registration  were  appointed  by 
the  governor  and  the  revision  of  the  registration  lists  was 
completed  in  due  time  and  form.  The  commissioners  of 
election  were  appointed  by  the  supervisors,  and  the  polling 
places  designated.  The  law  was  strictly  observed  in  the 
count  of  votes  and  the  return  thereof  to  the  governor,  and 
the  deposit  of  duplicates  with  the  clerks  of  parish  courts. 


338  A    POLITICAL    CRIME. 

It  was  not  denied  that  every  form  of  law  was  strictly  com 
plied  with.  The  committee  on  privileges  and  elections  of 
the  Senate  carefully  investigated  this  election  in  connec 
tion  with  the  rights  of  certain  persons,  claiming  to  have 
been  elected  senators  of  the  United  States.  Four  re 
ports*  were  made  from  the  committee,  a  majority  report 
by  Senators  Carpenter,  Logan,  Alcorn,  and  Anthony,  all 
republicans,  one  by  Senator  Trumbull,  then  a  republican, 
one  by  Joshua  Hill,  senator  from  Georgia,  elected  as  a  re 
publican,  and  one  by  Senator  Morton.  The  majority  report 
claims  that  "  the  colored  population  of  that  state  largely  out 
numbered  the  white,  and  in  the  last  election  the  colored 
voters  were  almost  unanimous  in  support  of  the  Republican 
ticket."  They  admit,  however,  that  "  the  election  was  gener 
ally  conducted  in  quiet,  and  was,  perhaps,  unusually  free 
from  disturbance  or  riot."  Their  opinion  was  that  "Governor 
Warmoth,  who  was  the  master  spirit  in  the  whole  proceed 
ing,  seems  to  have  relied  upon  craft,  rather  than  violence, 
to  carry  the  state  for  McEnery."  On  the  other  hand 
Senator  Trumbull  found  that  "  the  census  of  1870  shows 
that  there  were  in  the  state  one  hundred  and  fifty-three 
more  white  than  colored  males  over  twenty-one  years  of 
age,"  and  that  it  was  proved  "  that  from  eight  to  ten 
thousand  colored  persons  voted  the  fusion  ticket,  while  the 
number  of  whites  who  voted  the  Republican  ticket  is  not 
believed  to  have  exceeded  half  that  number."  He  insisted 
that  "  it  was  confessedly  one  of  the  most  quiet  and  peaceful 
elections  ever  held  in  the  state,  and  the  evidence  shows  it 
was  substantially  free  and  fair."  Senator  Hill  maintained 
that  "  while  it  must  be  conceded  that  the  election  in  certain 
parishes  was  not  conducted  with  entire  fairness,  and  in 
others  frauds  were  committed,  it  is  nevertheless  true, 

*  Senate  Report  No.  457,  426.  Cong.   3d  Sess.  pp.  I  to  80. 


REGISTRATION     FRAUDS.  339 

according  to  the  evidence  before  the  committee,  that  on 
the  whole,  the  election  was  as  fair  and  certainly  as  peacea 
ble,  as  the  people  of  Louisiana  are  accustomed  to  hold." 
Senator  Morton  contended  that  the  Republican  ticket  had 
been  elected  although  the  election  "  was  an  organized 
fraud  of  the  largest  dimensions." 

The  majority  for  the  fusion  ticket  was,  according  to  the 
returns  of  the  commissioners  of  election,  several  thousand 
votes.  The  testimony  taken  by  the  Senate  committee 
demonstrates  to  an  impartial  mind  that  there  were  in  all 
not  exceeding  5,000  white  voters  in  the  state  who  favored 
the  custom  house  ticket,  and  that  a  very  large  number  of 
negro  votes  were  cast  for  the  fusion  ticket.  It  is  capable  of 
the  clearest  proof  that  the  colored  voters  of  the  state  were 
not  in  excess  of  the  white  electors.  The  census  of  1870 
gives  153  more  white  males,  of  twenty-one  and  over,  than 
colored  males  of  like  age.  That  census  was  taken  by  the 
appointees  of  men  who  were  interested  in  swelling  the 
colored  population  of  Louisiana  to  the  largest  possible 
proportions.  They  had  deliberately  concocted  their  scheme 
to  maintain  themselves  in  power  by  controlling  the  negro 
voters  and  to  make  the  Northern  people  believe  that  the 
colored  population  was  much  larger  than  the  white.  They 
had  provided  the  machinery  for  taking  a  census  every  four 
years  for  the  very  purpose  of  enabling  the  seemingly  fair 
registration  of  a  large  majority  of  negro  voters.  The  census 
of  1880  shows  that  there  could  not  have  been  in  1870  the 
number  of  negro  males  of  twenty-one  years  and  upwards  re 
turned  in  the  state.  The  excess  of  white  males,  of  twenty- 
one  years  of  age  and  more,  in  Louisiana,  over  Negroes, 
Chinese,  and  Indians,  of  like  age  was  833.  There  were  of 
Chinese  460  males,  and  of  Indians  441  males.  Deducting 
the  usual  proportion,  one-half,  for  Indians  under  twenty-one, 


340  A    POLITICAL    CRIME. 

would  leave  220.  The  Chinese  immigrants  may  safely  be 
assumed  to  be,  as  a  rule,  over  the  voting  age.  Hence  in  1880 
there  must  have  been  1,513  more  male  whites  of  twenty-one 
years  of  age  and  over  in  Louisiana  than  there  were  negro 
voters.  The  same  proportions  must  have  held  approxi 
mately  in  1870  and,  therefore,  the  excess  of  white  males  of 
twenty-one  years  and  over,  was,  probably,  nearer  1,550 
than  153  as  the  census  of  that  year  gave  it. 

The  returns  of  the  election  from  the  election  officers 
came,  as  the  law  provided,  to  the  governor  who  with  the 
lieutenant-governor,  secretary  of  state,  and  John  Lynch  and 
T.  C.  Anderson  were  the  Returning  Board  to  canvass  and 
compile  them.  But  the  lieutenant-governor,  Pinchback, 
and  T.  C.  Anderson,  having  been  candidates,  were  dis 
qualified.  Warmoth  could  not  depend  on  Herron  whom 
seven  months  previous  he  had  appointed  secretary  of 
state  vice  Bovee  removed.  On  the  day  the  Return 
ing  Board  was  to  begin  its  work,  Warmoth  removed 
Herron  and  appointed  Jack  Wharton.  The  authority 
claimed  for  this  act,  was  first,  the  office  was  vacant,  because 
Herron's  commission  expired  with  the  adjournment  of  the 
legislature,  and,  second,  the  power  of  the  governor  to  fill 
all  vacancies  happening  during  the  vacation  of  the  legisla 
ture,  and,  third,  that  Herron  was  ineligible  to  hold  the 
office  because  he  had  been  a  defaulter.  Here  was  a  com 
plication.  Herron  disputed  the  right  of  the  governor  to 
remove  him  and  claimed  to  be  a  member  of  the  Returning 
Board.  Warmoth,  Lynch,  Wharton,  and  Herron  met 
at  the  hour  appointed  November  14,  for  the  assembling  of 
the  Returning  Board.  Warmoth  and  Wharton  proceeded 
to  fill  the  vacancies,  caused  by  the  ineligibility  of  Pinch- 
back  and  Anderson,  by  electing  Hatch  and  DaPonte. 
Lynch  and  Herron  elected  Longstreet  and  Hawkins. 


A    NEW    ELECTION    LAW. 


341 


There  were  thus  two  boards.  But  Warmoth  had  the  returns 
and  the  others  had  nothing.  They  might  have  obtained 
certified  copies  of  the  duplicate  returns  deposited  with  the 
clerks  of  the  courts,  but  this  did  not  suit  them. 

Both  boards  appealed  to  the  eighth  district  court, 
"  the  Political  Court,"  Judge  Dibble,  as  it  alone  had  juris 
diction.  Dibble  promptly  issued  injunctions  restraining 
both  boards  from  canvassing,  compiling,  and  declaring  the 
result.  He  was  personally  interested,  because  having  been 
defeated,  two  to  one,  by  Elmore,  he  could  only  hope  to 
hold  on  by  preventing  a  legal  determination  of  the  result  of 
the  election.  In  this  dilemma  Warmoth  took  from  his  safe 
a  bill  which  had  been  passed  by  the  legislature  in  the  pre 
vious  spring  but  never  approved  by  him.  It  could  not  be 
come  a  law  until  it  had  his  approval.  He  approved  it 
Nov.  2oth,  1872.  It  changed  the  election  law  in  two  im 
portant  particulars — the  constitution  of  the  Returning  Board 
which  was  to  be  "  five  persons  to  be  elected  by  the  Senate 
from  all  political  parties,"  and  the  repeal  of  all  existing 
laws.  The  Senate  was  not  in  session,  and  the  governor, 
under  the  provision  of  the  constitution,  empowering  him  to 
fill  all  vacancies,  in  the  vacation  of  the  Senate,  appointed 
De  Feriet,  Wiltz,  Isabel,  Austin,  and  Taylor,  as  the  Re 
turning  officers. 

In  the  meantime  Kellogg  had  begun  proceedings  before 
Durell,  Judge  of  the  United  States  District  Court,  against 
the  Warmoth,  Wharton,  Hatch,  and  Da  Ponte  board,  to  re 
strain  them  on  the  ground  that  they  were  about  to  deprive 
10,000  citizens  on  account  of  their  race,  color,  and  previous 
condition,  of  their  suffrages  by  having  already  deprived 
them  of  the  right  to  register  and  vote.  This  falsehood  was 
to  give  the  judge  color  to  assume  jurisdiction  under  the 
Fifteenth  Amendment  and  the  act  of  Congress  of  May  31, 


342  A    POLITICAL    CRIME. 

1870,  with  reference  to  depriving  citizens  of  their  suffrage 
on  account  of  "  race,  color,  or  previous  condition  of  servi 
tude."  The  promulgation  of  the  new  election  law,  and  the 
appointment  thereunder  of  a  new  Returning  Board,  of 
course,  invalidated  the  proceeding  before  Durell  even 
if  he  had  had  jurisdiction.  The  majority  of  the  Senate 
Committee  on  privileges  and  elections  say  of  this  pro 
ceeding,  "  conceding,  however,  that  the  bill  did  present  a 
case  within  the  jurisdiction  of  the  court,  that  jurisdiction 
was  limited  by  the  scope  of  the  bill,  and  gave  no  warrant  to 
the  extraordinary  proceedings  which  were  subsequently  had 
in  the  case."  However,  a  restraining  order  was  issued 
against  the  old  Warmoth,  Wharton,  Hatch,  Da  Ponte 
board.  This  board  was  out  of  existence,  and  the  report 
above  quoted  says  "  it  is  difficult  to  see  what  was  left  of  the 
case  made  by  Kellogg's  bill  in  the  United  States  court." 
Accordingly  the  new  Returning  Board  not  being  compli 
cated  by  restraining  orders  proceeded  to  canvass  and  com 
pile  the  votes  from  the  returns  turned  over  thereto  by  the 
governor,  and  to  declare  the  result.  This  being  done 
Warmoth  issued  his  proclamation  "  making  known  the  re 
sult  of  said  election  aforesaid,"  and  commanding  "  all  offi 
cers  and  persons  within  the  State  of  Louisiana  to  take 
notice  of  and  respect  the  same." 

The  only  irregularity  about  Warmoth's  proceedings, 
which  can  possibly  be  excepted  to,  was  the  original  removal 
of  Bovee  in  March  1872  from  the  office  of  secretary  of 
state.  But  it  may  very  plausibly  be  argued  that  the  legis 
lature  had  condoned  that  act  by  declining  to  notice  it. 
Warmoth  claimed  that  Bovee  had  been  guilty  of  a  misde 
meanor  in  office  in  promulgating  an  act  which  he  had  not 
approved  and  which  by  a  trick  was  made  to  appear  to 
have  been  received  by  him,  when  in  fact  he  had  not, 


DURELL'S  INFAMOUS  ACT.  343 

and,  not  being  returned  with  his  objections,  was  held  to 
have  become  a  law.  The  bill  created  a  monopoly  and  in 
flicted  great  hardships  on  the  people.  Moreover,  the  eighth 
district  court,  Judge  Emmerson,  in  which  Bovee  began 
suit  against  Herron  under  the  "intrusion  act,"  held  that 
the  governor  had  authority  to  suspend  him  and  to  fill  the 
vacancy  thus  created  in  the  office.  All  the  other  acts  of 
Warmoth  were  clearly  within  the  law  and  the  scope  of  the 
extraordinary  authority  conferred  upon  him  by  the  consti 
tution  and  laws  of  the  State.  Undoubtedly  the  entire 
fusion  State  ticket,  and  a  majority  of  the  members  of  the 
legislature,  were  elected  by  the  ballots  in  the  boxes  which 
were  counted  in  strict  compliance  with  law  and  return 
thereof  legally  made  to  the  governor.  The  canvassing, 
compiling  of  these  returns  and  the  declaration  of  the  result 
by  the  Returning  Board,  and  the  proclamation  by  the 
governor  were  all  in  due  form  of  law.  That  there  was 
constitutional  power  resident  anywhere  to  lawfully  undo 
the  result  of  the  election  no  one  has  ever  dared  to  assert. 
But  nevertheless  it  was  undone ;  the  history  whereof  consti 
tutes  the  most  disgraceful  chapter  in  even  the  annals  of 
carpet-bag  rule  in  Louisiana. 

There  had  been  no  amendment  of  the  bill  filed  by 
Kellogg  in  Judge  Durell's  court;  his  injunction  issued  in 
pursuance  thereof  had  no  one  to  operate  against,  because 
the  promulgation  of  the  new  law  made  all  boards  created 
under  prior  acts  functus  ojficio.  It  could  not  apply  to  one 
not  in  existence  and  uncomplained  of  at  the  time  the  writ 
issued.  Nevertheless  late  the  night  of  December  5th,  1872, 
at  his  house,  out  of  court,  without  application  by  any  party, 
Judge  Durell  made  an  order  in  which  he  assumed  that 
Warmoth  and  others  were  in  contempt  by  reason  of  the 
promulgation  of  the  result  of  the  election,  as  found  by  the 


344  A    POLITICAL    CRIME. 

De  Feriet  board,  and  directed  the  United  States  marshal  to 
"  forthwith  take  possession  of  the  building  known  as  the 
Mechanics'  Institute,  and  occupied  as  the  State  House  for 
the  assembling  of  the  legislature  therein,  in  the  city  of  New 
Orleans,  and  hold  the  same  subject  to  the  further  order  of 
this  court,  and  meanwhile  to  prevent  all  unlawful  assem 
blage  therein  under  the  guise  or  pretext  of  authority 
claimed  by  virtue  of  pretended  canvass  and  returns  made 
by  said  pretended  Returning  Officers,  in  contempt  and 
violation  of  said  restraining  order." 

Senator  Carpenter  and  four  other  Republican  senators 
declared  that,*  "  it  is  impossible  to  conceive  of  a  more 
irregular,  illegal,  and  in  every  way  inexcusable  act  on  the 
part  of  a  judge,  conceding  the  power  of  the  court,  to  make 
such  an  order.  The  judge,  out  of  court,  had  no  more 
authority  to  make  it  than  had  the  marshal.  It  lias  not  even 
the  form  of  judicial  process.  It  was  not  sealed,  nor  was  it 
signed  by  the  clerk,  and  had  no  more  legal  effect  than  an 
order  issued  by  any  private  citizen." 

There  are  circumstances  connected  with  the  issuance  of 
this  illegal  order  by  Judge  Durell,  which  lays  a  heavy  burden 
of  responsibility  on  the  Federal  administration.  If  the  At 
torney-general  and  Secretary  of  War  were  not  a  party  to  the 
conspiracy,  which  culminated  in  Durell's  outrageous  act, 
the  facts,  as  they  subsequently  appeared,  bore  very  strongly 
against  them.  They  were  as  follows:  The  night  before 
Durell's  order  was  issued,  Attorney-general  Williams  tele 
graphed  to  Marshal  Packard,!  "you  are  to  enforce  the  de 
crees  and  mandates  of  the  United  States  courts,  no  matter 
by  whom  resisted,  and  General  Emory  will  furnish  you 
with  all  necessary  troops  for  that  purpose."  It  did  not  then, 

*  Senate  Report,  No.  457,  42d  Cong.  3d  Sess.  p.  17. 
t   Ibid  p.  54. 


"  DECREES    AND    MANDATES."  345 

and  has  never  since  been  made  to  appear  that  any  applica 
tion  had  been  made  to  the  President  for  troops.     And  yet 
two  companies  of  artillery  had  been  ordered  from  Fort  Bar 
rancas,  Florida,  to  New  Orleans,  and  they  arrived  there  the 
night  Durell  issued  his  infamous  order,  and  they  were  the 
troops,  which  under  Packard's  direction,  occupied  the  State 
House.     The  remarkable  coincidence  of  the  Attorney-gen 
eral's  telegram  to  Packard,  and  the  arrival  of  the  troops, 
with  the   action   of  Judge  Durell,   very    naturally    excited 
comment  at  the  time.    Scores  of  men  have  been  convicted, 
in  courts  of  justice,  of  capital  offences,  and  condemned  to 
death,    on    circumstantial   evidence   little   less    conclusive. 
There  was  never  any  explanatian  of  the  occurrences  offered, 
either  by  the  Attorney-general,  or  the  Secretary  of  War  or 
by  any  of  their  defenders  in  Congress.     There  had  been  no 
application  for  troops,  and  General  Emory  had  not  asked 
for  reinforcements.     The  inference  is  irresistible  that  it  was 
known  to  the  Secretary  of  War  and  the  Attorney-general 
that  some   extraordinary  "  decrees  and  mandates  "  were  to 
go  forth  from  Durell  and  preparation  was  made  accordingly. 
The  Attorney-general  was  advised  of  the  application  to 
Judge  Durell  by  Kellogg  for  an  injunction  against  Warmoth 
and  his  colleagues  of  the  first  board.     He  was  advised  of 
the  promulgation  by  Warmoth  of  the  new  election  law  on 
November  2oth,  and  he  was  lawyer  enough  to  know  that 
the  repeal  of  all  existing  laws  swept  away  all  offices  and 
officers  thereunder.     Therefore,  long  before  December  3d, 
he  knew  that,  if  the  United  States  district  court  had  juris 
diction  in  the  first  instance,  and  authority  to  enjoin,  the 
board  enjoined  had  ceased  to  exist.     Where  then  was  the 
case  in  which  "  decrees  and  mandates  "  could  issue  from 
the  United  States  courts?     If  it  is  claimed  that   he   was 
without  this  specific  knowledge  he  is  in  no  way  relieved. 


346  A    POLITICAL    CRIME, 

But  it  is  inconceivable  that  the  Attorney-general  was  not 
fully  and  accurately  informed  of  all  that  was  transpiring. 

It  is  certain  that  they  were  advised  of  all  the  facts 
immediately  after  Durell's  order  was  enforced.  Both  sides 
made  their  statements.  The  infamy  of  Durell's  order  could 
not  be  glozed  over.  It  was  as  patent  as  the  sun  at  noon 
day  in  a  clear  sky.  The  wrong  could  have  been  righted. 
Decency,  self-respect,  would  have  impelled  men  not  privy  to 
the  conspiracy  to  have  acted  in  order  to  clear  themselves 
of  the  suspicion  of  complicity  which  the  Attorney-gen 
eral's  telegram  to  Packard  would  create.  They  stood  firmly 
by  the  stand  they  had  taken,  and  when  a  committee  of  one 
hundred  of  the  best  citizens  of  Louisiana  asked  permission 
to  wait  upon  the  President  and  lay  before  him  all  the  de 
tails  they  were  brusquely  told  by  the  Attorney-general  that 
they  need  not  come  because  the  President  had  made  his 
decision  and  would  not  change  it. 

There  was  no  halting  or  hesitating  by  the  Custom  House 
party.  The  Lynch-Herron  board  proceeded,  without  any 
returns,  with  no  official  data  of  any  kind  before  it,  to  count 
in  Kellogg  and  the  whole  state  ticket  and  a  large  majority 
of  senators  and  representatives.  They  made  Kellogg's  ma 
jority  1 8,86 1.  They  might  as  well  have  made  it  88,861  while 
they  were  about  it  —  they  drew  upon  their  imaginations 
for  their  figures.  Three  days  thereafter  the  State  House 
was  seized  by  United  States  troops.  Warmoth  was  im 
peached  and  ousted  and  Pinchback  made  governor.  These 
proceedings  were  one  and  all  revolutionary.  Even  the 
forms  of  law  were  not  observed.  Nobody  in  the  state, 
outside  the  Custom  House  and  the  State  House  where  they 
were  protected  by  the  troops,  respected  the  sham  govern 
ment  which  had  been  set  up.  Durell's  court  was  kept  busy 
fulminating  orders  and  Collector  Casey  and  Pinchback  sent 


GROSS    USURPATION.  347 

almost  hourly  telegrams  to  Washington  informing  the  Presi 
dent  and  Attorney-general  of  the  progress  of  the  conspiracy 
and  clamoring  for  the  approval  of  all  that  had  been  done. 
They  frankly  told  their  masters — their  co-conspirators(P)  — 
that  unless  this  was  done  immediately  that  their  fabric 
would  fall  to  pieces.  One  week  after  Durell's  order  —  a 
week  which  compassed  more  outrageous  violations  of  law 
than  were  ever  before  chronicled  in  a  land  of  constitutional 
liberty  —  Attorney-general  Williams  telegraphed  to  Pinch- 
back  "  Let  it  be  understood  that  you  are  recognized  by 

the  President  as  the  lawful  executive  of  Louisiana,  and  that 
the  body  assembled  at  Mechanics'  Institute  is  the  lawful 
legislature  of  the  State,  and  it  is  suggested  that  you  make 
proclamation  to  that  effect,  and  also  that  all  necessary  as 
sistance  will  be  given  to  you  and  the  legislature  herein 
recognized  to  protect  the  State  from  disorder  and  vio 
lence." 

Well  might  Senator  Trumbull  have  exclaimed  after  re 
viewing  these  proceedings  *  —  "  the  history  of  the  world 
does  not  furnish  a  more  palpable  instance  of  usurpation 
than  that  by  which  Pinchback  was  made  governor,  and  the 
persons  returned  by  the  Lynch  board  the  legislature  of 
Louisiana;  nor  can  a  parallel  be  found  for  the  unfeeling 
and  despotic  answers  sent  by  order  of  the  President  to  the 
respectful  appeals  of  the  people  of  Louisiana."  And 
Senators  Carpenter,  Logan,  Alcorn,  and  Anthony  declared 
that  "  viewed  in  any  light  in  which  your  committee  can 
consider  them,  the  orders  and  injunctions  made  and  granted 
by  Judge  Durell  in  this  cause  are  most  reprehensible,  er 
roneous  in  point  of  law,  and  are  wholly  void  for  want  of 
jurisdiction ;  and  your  committee  must  express  their  sorrow 
and  humiliation  that  a  judge  of  the  United  States  should 

*  Senate  Report,  No.  457,  420!  Cong,  sd  Sess.  p.  17. 


34-8  A    POLITICAL    CRIME. 

have  proceeded  in  such  flagrant  disregard  of  his  duty,  and 
have  so  far  over-stepped  the  limits  of  Federal  jurisdiction." 
It  was  these  orders  and  injunctions  made  in  "flagrant 
disregard  of  his  duty  "  by  Judge  Durell  which  made,  what 
Attorney-general  Williams  said,  was  the  lawful  executive 
and  legislative  power  of  the  State  of  Louisiana !  It  was  by 
this  mockery  of  justice,  for  which  four  Republican  senators 
expressed  "their  sorrow  and  humiliation,"  that  William 
Pitt  Kellogg  was  made  Governor  of  Louisiana.  For  two 
years  his  government  had  to  be  sustained  by  the  troops  of 
the  United  States  and  the  instant  they  ceased  to  be  the 
guards  of  the  State  House  the  whole  fabric  fell  to  the 
ground.  It  required  no  display  of  force  on  the  part  of  the 
opposition  to  accomplish  this.  The  sham  government  had 
no  friends  among  the  white  people,  except  its  pensioners 
and  hirelings,  and  even  these  began  to  desert  as  rats  do  a 
sinking  ship  because  state  warrants,  the  only  currency  the 
Kellogg  government  could  command,  were  at  an  enormous 
discount.  The  tax-payers  would  not  contribute  to  the 
treasury  of  the  usurping  power,  notwithstanding  they  could 
not  bring  suit,  or  be  a  witness  for,  or  in  their  own  behalf, 
unless  they  could  exhibit  tax-collector's  receipts !  Outside 
the  city  of  New  Orleans  there  was  no  pretense  of  obedience 
to,  or  respect  for,  the  authority  of  the  so-called  governor, 
or  any  of  his  minions.  The  whole  body  of  the  intelligent 
and  self-respecting  people  preferred  anarchy  to  a  rule  im 
posed  by  partisan  power  in  Washington.  There  was  no 
show  of  opposition  to  Federal  authority  in  its  legitimate 
sphere  and  to  its  illegal  exercise  in  imposing  upon  and 
maintaining  over  them  an  usurping  local  government  — 
there  was  only  determined  non-recognition  of  it.  The 
limit  had  been  reached.  If  the  people  could  not  have  local 
self-government  they  would  support  no  other.  The  interest 


A    GRAND    EXAMPLE.  349 

upon  the  enormous  indebtedness  of  the  State,  in  large  part 
illegally  created,  could  not  be  paid,  and  forty  per  cent  of 
the  principal  was  repudiated. 

In  September  1874,  nearly  all  the  Federal  troops  having 
been  withdrawn  from  New  Orleans,  Kellogg's  metropolitan 
police  attempted  to  seize  without  process  of  law  arms  be 
longing  to  private  parties.  This  brought  on  a  conflict 
between  the  people  and  the  mercenaries.  It  was  of  short 
duration.  Before  the  day  closed  the  usurping  government 
disappeared  and  the  officers  who  had  been  elected  in  1879 
quietly  assumed  power.  They  were  everywhere  recognized 
throughout  the  state.  After  the  brief  struggle  between  the 
police  and  the  citizens  there  was  no  necessity  for  even  the 
display  offeree  by  the  McEnery  government.  But  orders 
came  immediately  from  Washington  to  the  commander  of 
the  Federal  troops  to  restore  Kellogg  and  upon  the  appear 
ance  of  a  few  soldiers  the  people  yielded  quietly.  It  was 
the  grandest  example  of  an  outraged  and  cruelly  wronged 
people  submitting  to  illegally  exercised  national  authority 
ever  witnessed  ! 

An  election  occurred  the  succeeding  November.  The 
whole  power  of  the  Federal  administration  was  exerted 
through  the  United  States  marshal  to  secure  the  triumph  of 
the  Custom  House  and  Kellogg  candidates  for  Congress 
and  for  the  State  legislature.  There  was  an  entire  registra 
tion  anew  of  the  voters  as  provided  by  the  election  law. 
To  bolster  the  frauds  of  this  new  registration  a  fraudulent 
census  was  prepared.  Under  the  Federal  election  laws,  su 
pervisors  of  election  were  appointed  for  every  polling  place 
almost,  and  swarms  of  deputy  marshals  spread  over  the 
state,  to  rally  the  negro  voters.  Troops  were  stationed 
throughout  the  state  as  Kellogg  and  his  friends  dictated. 
The  entire  election  machinery  was  in  his  hands.  He  ap- 


350  A    POLITICAL    CRIME. 

pointed  the  supervisors  of  registration  and  dictated  the  ap 
pointment  of  commissioners  of  elections.  There  was  no 
possibility  of  intimidation  or  frauds  on  the  part  of  the 
people's  party.  The  election  resulted  in  the  overwhelming 
triumph  of  the  people's  candidates  at  the  ballot-box.  It 
was  a  fair,  peaceable,  and  honest  triumph.  All  efforts  to 
prove  the  contrary  had  to  be  abandoned,  and  resort  was 
had  to  the  pretext  that  prior  violence  and  intimidation  pre 
vented  the  negroes  from  voting  the  Republican  ticket. 
How  remote  was  this  intimidation  ?  The  minority  of  a 
Republican  Congressional  committee  went  back  eight  years 
to  find  causes  for  the  admitted  defeat  of  Republican  candi 
dates  at  the  polls!  The  ingenuity  and  eloquence  of 
Messrs.  Hoar,  Frye,  and  Wheeler  were  taxed  to  the  utmost 
to  make  out  a  plausible  case  for  their  side,  but  they  reluc 
tantly  admitted  that  the  campaign  and  election  of  1874  was 
one  of  peaceable  methods  on  the  Democratic  side.  With 
great  rhetorical  effect  they  revamped,  with  increased  parti 
san  coloring,  stories  of  riots,  alleged  political  outrages,  and 
intimidations,  occurring  from  1866  to  1872.  The  desperate 
character  of  their  cause  is  evidenced  in  every  line  of  their 
report.  They  were  fully  sensible  of  the  fact  that  there  had 
been  a  revulsion  of  popular  sentiment  at  the  North.  A 
great  uprising  of  the  people  had  occurred,  and  a  tidal  wave 
of  public  indignation  had  carried  into  power  a  Democratic 
House  of  Representatives.  "  The  bloody  shirt "  was  no 
longer  the  oriflamme  of  Republican  victorious  hosts.  The 
maladministration  of  carpet-baggers  in  the  South,  their 
wholesale  plundering,  their  general  official  immorality,  and 
private  rascality,  could  no  longer  be  concealed,  or  glozed 
over,  by  ancient  stories  of  alleged  barbarities  to  colored 
rrien.  The  northern  people,  devoted  to  the  sacred  principle 
of  local  self-government,  would  have  preferred  almost  any 


STATE   OUTRAGE    STORIES.  351 

calamity  to  the  deprivation  of  a  right  which  had  come 
down  to  them  from  their  remotest  ancestors.  And  when 
ten  years  of  peace  had  cleared  away  the  fog  of  sectional 
distrust  and  prejudice,  and  they  could  see,  with  eyes  no 
longer  blinded  by  passion,  the  real  situation  in  the  South, 
they  placed  their  seal  of  emphatic  condemnation  on  those 
who  were  responsible  therefor.  Undoubtedly,  the  multi 
plied  exposures  of  the  misdeeds  of  high  officials,  the  clearly 
proved  betrayal  of  trusts  by  Republican  office-holders,  the 
gigantic  Credit  Mobilier  fraud,  and  multifarious  peculations 
and  plunderings  in  every  branch  of  the  public  service,  the 
impeachment  of  a  Secretary  of  War,  the  demonstrated  rot 
tenness  of  the  Navy  department,  and  the  wholesale  cor 
ruption  of  the  customs  houses,  had  a  powerful  effect  in 
hastening  the  conviction  that  a  political  reformation  was 
necessary.  But  it  was  unquestionably  true  that  the  great 
mass  of  the  people  were  disgusted  with  the  indefensible 
conduct  of  the  President,  in  the  employment  of  the  army 
to  impose  a  lot  of  usurpers  upon  a  peaceably  protesting 
community. 

It  is  not  strange  that  two  Republican  members  of 
the  Hoar  Committee  should  have  declined  to  join  in  the 
report  prepared  by  him.  The  confessions  he  was  compelled 
to  make  neutralized  his  eloquent  recital  of  stale  outrage 
stories.  *  Neither  is  it  singular  that  Mr.  Phelps,  of  New 
Jersey,  and  Mr.  Foster,  of  Ohio,  refused  to  unite  with  their 
party  associates  in  reasserting  the  exploded  fiction  about 
the  large  majority  of  negro  voters  in  Louisiana.  It  was  too 
palpable  a  falsehood  to  be  any  longer  accepted  by  intelli 
gent  people,  and  they  did  not  propose  to  be  set  down  as 
wanton  falsifiers.  They,  therefore,  drew  a  report  which  was 
accepted  by  their  Democratic  colleagues  and  by  a  Republi- 

*  H.  R.  Mis.  Doc.  No.  26.  43d  Cong,  ad  Sess.  pp.  i  to  4. 


352  A    POLITICAL    CRIME. 

can  House  of  Representatives.  *  It  asserted  and  proved 
that  the  election  of  1874  in  Louisiana  was  free  and  fair; 
that  if  there  was  any  fraudulent  registration  and  voting  it 
was  on  the  Republican  side;  that  the  official  data  showed 
that  in  1870  the  voters  were  nearly  equally  divided  between 
white  and  black,  and  that  the  registation  of  4,000  more 
negro  voters  in  1874  than  were  shown  by  the  census  of 
1870,  and  10,000  less  white  voters,  could  not  be  satisfacto 
rily  accounted  for;  that  the  returns  of  the  votes  cast,  com 
pared  with  the  registration  figures,  showed  a  fair  election ; 
that  "  it  was  idle  to  assume  that  the  disturbances  so  vividly 
pictured  by  the  minority  could  have  kept  up  throughout 
this  State  such  a  feeling  of  intimidation  as  would  justify  the 
assumption  that  but  for  that  feeling  the  State  would  have 
gone  Republican ;"  that  they  "  understand  the  committee  to 
be  unanimous  in  finding  that  the  action  of  the  Returning 
Board  has  defeated  the  will  of  the  people  as  expressed  by 
them  at  the  polls  on  the  3d  of  November,  1874;"  that 
"  the  people  then  elected  to  the  lower  house  of  their  legis 
lature  a  majority  of  conservative  members;"  that  "  a  por 
tion  of  the  conservative  members  thus  elected  were  refused 
their  certificates.''! 

What  was  "  the  action  of  the  Returning  Board,"  thus 
unanimously  denounced  by  republicans  and  democrats  ? 
It  had  taken  the  returns  of  the  election  forwarded  by 
the  supervisors  of  registration,  which  showed  the  elec 
tion  of  a  majority  of  Democratic  representatives,  and 
deliberately  counted  out  enough  democrats,  and  count 
ed  in  enough  republicans  to  make  a  Republican  ma 
jority  in  the  lower  branch  of  the  legislature.  This 
was  done  notwithstanding  the  returns  of  the  commis- 

*  H.  R.  Miss.  Doc.  No.  26,  ^d  Cong.  2d  Sess.  pp.  2,  3. 
t   Ibid,  p.  3. 


A    MONSTROUS    OUTRAGE.  353 

sioners  of  election  did  not  certify  that  there  had  been 
riots,  disturbances,  acts  of  violence,  intimidation,  bribery, 
or  corruption  whereby  a  fair  and  free  election  had  been 
prevented,  and  notwithstanding  the  supervisors  had  not 
protested  that  a  full,  fair,  and  free  registration  of  voters 
had  been  prevented  by  like  acts.  There  being  no  evidence 
of  this  kind  before  the  Returning  Board  even  Republican 
members  of  Congress  were  compelled  to  find  that  the 
counting  out  and  counting  in  were  in  violation  of  the  elec 
tion  law.  Bear  this  in  mind.  Bear  in  mind  also  that  a 
Senate  committee,  only  one  Republican  senator  disagreeing 
had  held  in  1873  that  the  Louisiana  Returning  Board 
could  under  the  terms  of  the  election  law  obtain  jurisdiction 
in  no  other  way  than  by  the  regular  compliance  with  these 
forms.  Remember,  too,  that  the  majority  of  the  House 
Committee  in  1875  reported  that  with  months  of  time,  and 
all  the  machinery  of  government  at  their  command,  the 
Kellogg  party  could  not,  outside  their  dependants  in  office, 
produce  "  more  than  half  a  dozen  persons  to  testify  to  any 
thing  impeaching  the  freedom  and  fairness  of  the  late  elec 
tion." 

When  the  constitutional  time  for  the  meeting  of  the 
legislature  arrived,  Kellogg  by  the  approval  of  the  President 
ordered  the  United  States  troops  to  forcibly  eject  Demo 
cratic  members  of  the  assembly,  and  with  the  hall  of  the 
House  filled  with  soldiers  the  Republican  members  organ 
ized  that  body.  This  unwarrantable,  illegal  use  of  Federal 
troops,  the  indecent  delegation  of  command  over  them 
to  Kellogg  —  raised  a  storm  of  indignation  at  the  North 
which  made  the  President  and  his  hitherto  unswerving  de 
fenders  in  Congress  quail.  Spontaneous  gatherings  of  citi 
zens  irrespective  of  party  in  various  cities  of  the  North 
denounced  the  outrage  in  unmeasured  terms.  A  mass-meet- 

23 


354  A    POLITICAL    CRIME. 

ing  held  in  New  York  City  and  addressed  by  Wm.  M. 
Evarts,  resolved  that  this  interference  of  the  military  was  a 
monstrous  outrage  and  deserved  the  condemnation  of  all 
lovers  of  constitutional  liberty.  The  administration  ap 
pealed  to  its  friends  in  Congress  to  help  it  out  of  its  dilemma. 
The  Senate  had  persistently  refused  to  recognize  the  crime 
of  1872  by  seating  persons  claiming  to  have  been  elected 
by  the  legislature  counted  in  along  with  Kellogg  and  main 
tained  by  Federal  forces.  This  was  a  quasi  condemnation 
of  the  President  and  his  illegal  acts.  The  Republican  sena 
tors  who  united  with  their  Democratic  colleagues  to  prevent 
an  approval  of  the  President's  unconstitutional  perform 
ances  could  not  rise  to  the  height  of  the  great  occasion,  and 
flinging  aside  party  trammels,  put  on  record  their  open  con 
demnation  of  what  they  knew  to  be  subversive  of  free  in 
stitutions.  The  majority  of  the  House  Committee  which 
reported  in  1875  recommended  the  recognition  of  Kellogg 
as  the  defacto  governor  of  Louisiana  for  the  remainder  of 
his  term  and  a  compromise  was  agreed  upon  whereby  the 
democrats  were  given  control  of  the  lower  house  of  the 
legislature. 


APPENDIX. 


THE  following  extracts  referred  to  in  the  note  on  page  30, 
are  given  as  fuller  proof  of  the  statement  made  in  the 
text — to  wit:  "It  might  seem  incredible  that  General 
Grant  could  be  so  enthralled  were  it  not  for  the  concurrent 
testimony  of  his  most  intimate  friends  and  supporters 
which  is  contained  in  the  eulogiums  and  reminiscences 
published  since  his  death." 

George  W.  Childs  in  the  Phila.  Press,  Aug.  2,  1885. 

"  Gen.  Grant,"  Mr.  Childs  went  on  to  say  in  conclusion,  "  in  the  sim 
plicity  and  honesty  of  his  character,  trusted  all  men  who  seemed  to  be 
friends  and  often  stood  by  them  long  after  their  duplicity  had  been  discov 
ered  by  other  people." 

In  his  "  Memoirs  of  Grant,"  published  in  the  Phila.  Ledger,  Sept.  5, 
1885.  Mr.  Childs  said  : 

"  When  he  was  mistaken  there  was  no  man  more  ready  to  acknowl 
edge  a  mistake.  He  showed  a  great  tenacity  in  sticking  to  friends  longer 
than  he  ought  to  have  done.  When  I  spoke  to  him  about  this  he  would 
answer,  '  Well,  if  I  believed  all  I  hear,  I  would  believe  everybody  was 
bad.'  General  Grant  would  say  there  was  nobody  who  came  in  contact 
with  him  but  that  he  was  traduced,  and  secondly,  he  very  often  had  to  de 
pend  upon  his  own  judgment  in  the  matter.  One  of  his  expressions  was, 
'  Never  desert  a  friend  under  fire.'  " 

Hon.  Hamilton  Fish,  Secretary  of  State  for  nearly  eight  years  under 
President  Grant,  said  in  the  New  York  Independent,  July  28,  1885,  of  his 
former  chief : 

"  His  knowledge  of  men  was  generally  accurate;  but  he  was  apt,  in 
this  respect,  as  in  others,  to  reach  his  conclusions  rapidly,  and  was  thus  not 
infrequently  led  to  give  his  confidence  where  it  was  not  deserved,  and  it  was 
from  the  abuse  of  his  confidence  thus  reposed  that  arose  most  of  the  cen 
sure  which,  after  the  close  of  the  war,  was  visited  upon  him.  Where  he 
gave  his  friendship  he  gave  it  unreservedly  —  whether  friendship  or  confi 
dence,  he  gave  it  unreservedly— and  was  slow  to  believe  anything  to  the 
discredit  of  those  of  whom  he  was  fond." 


356  APPENDIX. 

Jesse  Seligman  said  of  General  Grant  in  the  New  York  World,  July 
27,  1885: 

"  He  was  a  man  noble  in  many  ways,  yet  very  weak  in  many  others, 
and  his  weak  points  grew  out  of  his  noble  qualities.  He  could  not  think 
that  one  whom  he  thought  was  a  friend  of  his  could  deceive  him.  He  was 
so  honest  himself  that  he  took  the  word  of  those  about  him  as  fact  without 
question." 

Hon.  Chauncey  Depew,  in  his  reminiscences  of  General  Grant,  pub 
lished  in  the  New  York  World,  July  27,  1885,  said  : 

"His  great  fault  as  President  —  and  in  that  lay  the  difficulty 
which  overthrew  him  as  a  politician  —  was  his  selection  of  confidants, 
When  a  man  had  once  got  into  the  confidence  of  Gen.  Grant,  no  other 
man  except  himself  could  shake  that  confidence.  Nothing  that  he  could 
do  except  to  Gen.  Grant  himself,  could  disturb  it.  There  is  no  more  ad 
mirable  trait  in  personal  and  social  relations  than  this,  but  in  politics  and 
in  business  it  always  brings  overwhelming  disaster  upon  the  honest  and 
confiding  possessor  of  the  faculty,  as  Gen.  Grant  has  discovered  to  his 
cost. 

"  It  was  this  which  furnished  the  key-note  to  his  connection  with  Ward 
in  the  late  business  firm.  When  he  had  taken  a  man  into  his  confidence 
he  trusted  him  with  everything  he  had  —  his  money,  his  honor,  his  every 
thing.  It  is  this  which  makes  it  so  difficult  for  the  man  of  business  train 
ing  and  habits  to  understand  him  when  the  story  of  that  failure  is  told." 

Ex-Secretary  Robeson  published  in  the  Phila.  Press  his  reminiscences 
of  General  Grant  and  said  : 

"  The  next  quality  which  attracted  attention  was  his  want  of  suspicion. 
Direct,  brave  and  unaffected  himself  he  never  seemed  to  realize  any  pre 
tence  or  subterfuge  in  other  persons  or  to  dream  that  they  would  allow 
their  judgment  of  any  question  of  conduct  in  regard  to  it  to'be  influenced 
by  outside  considerations.  He  always  assumed  that  people  were  honest  in 
their  convictions  as  well  as  their  practices,  and  believed  that  honest  men 
differed  only  from  want  of  judgment  or  lack  of  information. 

"The  fact  is  that  this  great  man,  experienced  in  the  direction  of  large 
affairs  and  familiar  with  the  principles  which  governed  them,  was  at  the 
same  time  utterly  ignorant  of  commercial  details.  Not  accustomed  to  these 
transactions  and' wholly  unsuspicious  in  his  nature,  he  was,  notwithstand 
ing  his  great  qualities,  perhaps  by  reason  of  them,  the  most  likely  man  to 
be  deceived  in  such  business  that  I  have  ever  known." 

Hon.  John  A.  Logan,  in  his  recollections  of  General  Grant,  published 
in  the  New  York  Independent  of  July  28,  1885,  says  : 

"  He  was  a  most  confiding  man  ;  was  strictly  honest  and  truthful,  and 
believed  implicitly  in  the  honesty  and  truthfulness  of  every  one  until  the 
contrary  was  made  to  appear.  If  to  have  such  confidence  be  a  fault,  it 
was  a  grievous  one  in  him,  it  being  the  cause  of  all  the  serious  trouble  I 
ever  knew  him  to  have." 

The  New  York  Tribune  of  July  24,  1885,  in  its  editorial  article  on  Gen 
eral  Grant,  said  : 

"  It  is  to  be  added  as  a  vital  fact  in  General  Grant's  political  history, 
that  he  never  acquired  the  faculty  of  valuing  men  for  their  devotion  to 


APPENDIX.  357 


principles.  Thus  he  lost  one  great  safeguard  against  error  in  selection. 
Nor  was  he  always  ready  to  appreciate  criticism  in  the  light  of  the  princi 
ples  by  which  he  was  guided.  To  him  a  friend  was  a  friend,  whether  agree 
ing  with  him  wholly  or  not,  and  a  foe  was  a  foe. 

*  */  ***** 

"  Since  he  did  not  question  his  own  judgment,  and  had  learned  to 
trust  without  reserve  the  men  of  his  choice,  he  was  many  times  placed  in 
false  positions  by  his  errors  of  selection  and  by  confidence  misplaced,  and 
in  matters  of  vital  public  policy  found  his  high  aims  defeated  by  the  un- 
worthiness  of  persons  he  had  trusted. 

******* 

"  He  was  easily  deceived,  and  was  the  ready  prey  of  designing  flat 
terers.  Whoever  wished  could  gain  his  confidence  by  adulation,  and  could 
then  turn  him  vehemently  against  another  by  the  flimsiest  of  misrepresenta 
tions." 

The  Albany  Evening  Journal  in  its  obituary  notice  of  General  Grant, 
said :  • 

"  The  only  fault  the  most  critical  could  find  was  the  rugged  obstinacy 
with  which  he  clung  to  his  friends  through  evil  and  through  good  report. 
He  never  betrayed  a  friend." 

Rev.  James  S.  Chadwick,  pastor  of  the  Forty-third  Street  Methodist 
Church,  N.  Y.,  in  his  sermon  of  July  26,  1885,  on  the  character  of  Presi 
dent  Grant,  said : 

"  But  I  believe  that  the  purpose  and  heart  of  President  Grant  were 
ever  with  the  right,  although  the  glory  of  some  of  his  movements  was  ob 
scured  by  the  attitude  and  sayings  of  some  men  who  seemed  to  be  very 
near  the  seat  of  power."— N.  Y.  Herald,  July  27,  1885. 

Surgeon-General  Gunnell.  of  the  U.  S.  Navy,  speaking  of  the  influ 
ence  those  about  General  Grant  had,  says  : 

"  Then  came  a  long  struggle  with  political  enemies  and  false  friends 
who  abused  his  confidence.  After  his  political  career  was  ended  he  made 
another  mistake  by  entering  Wall  street.  Always  confiding  he  placed  his 
all  in  the  hands  of  disreputable  men  who  robbed  him." — N.  Y.  World, 
July  26,  1885, 

The  New  York  Evening  Post  of  July  25,  1885,  speaking  of  General 
Grant  and  the  Republican  party,  said  : 

"  The  Republican  party,  its  best  friends  must  confess,  abused,  through 
its  leaders,  Gen.  Grant's  inexperience  and  trustfulness,  and  thus  prepared 
early  in  his  first  Administration  for  that  gradual  withdrawal  of  popular 
confidence  in  it  which  finally  led  to  its  loss  of  power." 

In  its  issue  of  July  23,  the  same  paper  said : 

"  The  President  refused  to  believe  evil  of  his  personal  friends  and  de 
pendents  ;  his  tenacity  of  purpose  and  of  affection  was  successfully  appealed 
to,  to  prevent  his  abandoning  them  'under  fire,'  and  the  scandals  only  grew 
in  number  and  in  proportions.  The  appointment  of  Mr.  Bristow  to  the 
Treasury  Department  was,  however,  accepted  as  proof  that  thorough  work 
was  meant  with  the  suspected  irregularities  there.  When  prosecutions 
were  begun,  and  Babcock  was  indicted,  the  President's  words,  '  Let  no 
guilty  man  escape,'  were  again  hailed  with  delight  by  all  who  wished  well 
to  the  country.  Yet  Babcock  was  not  convicted,  and  the  Secretary  found 


APPENDIX. 


his  position  intolerable.  The  managers  of  the  whiskey  ring  had  the  effron 
tery  to  claim  that  they  levied  their  assessments  upon  distillers  and  cheated 
the  Treasury  to  raise  a  fund  to  insure  a  third  term  to  the  President,  and 
that  the  end  justified  the  means.  When  some  of  them  were  convicted  and 
sent  to  the  penitentiary,  they  even  alleged  an  understanding  that  they  were 
to  be  pardoned  out." 

Ex-Governor  Bedle,  of  New  Jersey,  said  July  27,  1885,  to  the  New 
York  World,  of  General  Grant  : 

"  He  made  many  mistakes  in  life.  The  one  most  prominent  was  his 
over-confidence  in  the  integrity  of  his  friends.  This  fault  may  have  cast  a 
shade  upon  his  usefulness  in  public  life  and  it  remains  a  question  for  mature 
historians  to  discuss." 

The  New  York  Tribune,  of  July  24,  1885,  in  its  obituary  notice, 
said  : 

"The  chief  event  of  Mr.  Bristow's  administration,  which  lasted  for 
two  years,  wa*s  his  attack  upon  the  Whiskey  Ring,  by  which  many  corrupt 
combinations  for  defrauding  the  Government  were  broken  up,  large  sums 
of  money  recovered,  and  a  large  number  of  convictions  obtained.  Mr. 
Bristow  apparently  had  the  hearty  support  of  President  Grant  in  this  course, 
but  for  some  cause  a  coolness  grew  up  between  them  which  led  to  Mr. 
Bristow's  leaving  the  Cabinet.  This  was  supposed  to  be  partly  due  to  the 
fact  that  General  O.  E.  Babcock,  the  President's  private  secretary,  was  in 
the  course  of  these  prosecutions  indicted  for  conspiracy.  The  jury,  how 
ever,  failed  to  convict  him.  During  a  House  investigation  which  followed 
the  trial,  Secretary  Bristow,  when  placed  upon  the  stand  as  a  witness,  de 
clined  to  state  what  had  passed  between  General  Grant  and  himself  with 
regard  to  the  matter,  taking:  the  ground  that  it  was  a  privileged  communi 
cation.  The  President  addressed  him  a  letter,  absolving  him  from  any 
such  restraint.  The  President  ultimately  pardoned  most  of  the  leading 
members  of  the  Ring  who  had  been  convicted,  and  most  of  the  officials 
who  had  been  prominent  in  the  prosecutions  withdrew  from  the  public  ser 
vice  or  were  dismissed.  The  entire  episode  was  one  of  the  most  impor 
tant  in  the  history  of  the  Administration.  One  of  the  pardoned  members 
of  the  Ring  had  confessed  to  frauds  amounting  to  a  quarter  of  a  million 
of  dollars,  suffered  only  a  nominal  imprisonment,  and  paid  back  only 

$10,000.^  # 

"  At  times  he  would  delight  his  well-wishers  by  some  appointment  of 
such  ideal  fitness  that  it  served  to  recall  the  cool  sense  he  had  always  dis 
played  in  selecting  men  for  various  posts  in  the  war  ;  and  then  he  would 
disappoint  and  mortify  them  by  some  appointment  made  on  purely  per 
sonal  reasons  and  without  any  apparent  regard  to  the  public  interest.  He 
appointed  so  many  of  his  connections  of  one  degree  and  another,  to  places 
that  his  came  to  be  called  '  a  brother-in-law  Administration,'  and  the  charge 
of  '  nepotism  '  was  the  one  most  frequently  made  against  it.  Casey  at  New 
Orleans,  Leet  at  New  York,  Babcock  and  '  Boss  '  Shepherd  at  Washing 
ton,  and  Belknap  in  the  War  Department  were  among  the  relatives  and 
intimates  who  brought  discredit  upon  his  Administration." 

George  C.  Bates.  ex-U.  S.  District  Attorney  for  Utah,  in  the  Denver, 
Col.,  Opinion,  said: 

''In  life  and  in  death  he  suffered  more  from  the  false  pretenses  of 
scurvy  politicians  and  such  men  than  he  ever  did  from  his  worst  enemies, 


APPENDIX.  359 

if  any  he  had ;  but  in  truth  and  in  faith  he  had  no  enemies,  save  false  and 
pretended  partisans,  '  who  sought  to  use  him  and  his  memory  for  their 
own  aggrandizement  and  advancement ' — dead  moons,  with  no  light  in 
themselves,  that  circled  around  him  while  President  and  clustered  at  his 
grave  in  death. 

"It  was  the  Belknaps,  the  Dories,  the  Babcocks,  the  Luckeys,  the 

McDonalds,  et  id  omnes  penus,  that  beclouded  his  Presidential  career. 

*  *s*  *  *  *  * 

"  I  have  lived  to  mourn  over  the  disease  and  death  and  misery  of  one 
of  the  greatest  heroes  and  military  chieftains  and  one  of  the  purest  and 
truest  patriots  that  the  world  has  ever  yet  produced — one  eminently  worthy 
and  well  qualified,  duly  and  truly  prepared,  to  sit  down  with  Washington 
and  Lincoln  in  that  '  house  not  made  with  hands,  eternal  in  the  heavens' — 
and  yet  who,  in  his  last  Presidential  term,  was  so  blinded  by  his  pertina 
cious  devotion  to  those  whom  he  thought  were  his  friends,  that  his  Admin 
istration  was  one  of  the  most  corrupt  and  infamous  ot  any  ever  recorded 
in  the  history  of  this  nation.  And  yet  the  President  himself,  although 
blind  to  the  crimes  committed  all  around  him  was  as  pure  and  as  honest  as 
Lincoln  himself. " 


3^0 


APPENDIX. 


FAC-SIMILE    OF   THE    CARD 
GENERAL  GRANT    GAVE  MR.  MADDOX. 


APPENDIX.  361 

JEWETTS   STATEMENT. 


COPY  of  a  brief  left  with  General  B.  F.  Butler  by  Col. 
D.  J.  M.  A.  Jewett,  of  Louisiana,  for  use  in  his  examina 
tion  by  the  Potter  committee.  Jewett  was  the  secretary  of 
the  Republican  state  committee  on  registration  and  can 
vassing  in  1876.  This  brief  being  made  by  a  partisan  of 
the  most  virulent  kind,  a  champion  of  the  carpet-baggers — 
Jewett  being  himself  a  carpet-bagger  —  is  important  be 
cause  of  the  admissions  it  makes.  It  is  unnecessary  to  say 
that  his  interpretations  of  the  election  law  are  wrong  in 
those  instances  where  he  was  directly  interested  on  account 
of  rulings  he  had  made. 


REGISTRATION  AND  ELECTION  LAWS. 

An  elector  shall  be  not  less  than  21  years  of  age  ;  a  citizen  of  the 
United  States  ;  shall  have  been  a  resident  of  the  state  not  less  than 
one  year  and  of  the  parish  10  days. 

Registration  shall  close  10  days  before  election,  and  a  person  who 
moves  into  the  parish  on  the  last  day  of  registration  may  register,  as 
on  the  day  of  election  the  10  days'  residence  will  have  been  complied 
with. 

Registration  shall  be  supervised  by  a  supervisor  of  registration, 
who  shall  be  appointed  not  less  than  sixty  days  prior  to  election,  shall 
have  two  clerks,  shall  personally  make  the  registration,  for  which 
purpose  he  shall  successively  open  his  office  at  not  less  than  three  nor 
more  than  twelve  points  in  the  parish  other  than  the  seat  of  justice. 

The  supervisor  decides  all  disputed  rights  under  the  registration 
law,  without  appeal  but  subject  to  the  civil  penalty  of  $500,  for  refusal 
to  register  a  duly  qualified  person.  Courts  are  prohibited  from  inter 
ference  with  him  in  the  discharge  of  his  duties  by  mandamus,  injunc 
tion,  or  otherwise. 


362  APPENDIX. 

• 

The  law  imposes  upon  the  supervisor  the  duty  of  erasing  from  the 
registration  book  the  names  of  all  who  have  become  disqualified  for 
any  reason,  or  who  have  obtained  registration  fraudulently,  limiting 
his  powers  in  this  respect  only  by  the  provision  that  he  shall  not  erase 
the  name  of  any  one  in  his  absence,  except  upon  the  affidavit  of  two 
respectable  citizens  registered  electors  of  the  parish. 

To  the  supervisor  is  committed  the  duty  of  making  arrangements 
for  election.  He  locates  the  polling  places,  his  discretion  being 
limited  in  this  respect  by  the  provision  that  there  shall  be  one  poll  for 
each  justice -of- the -peace  ward.  He  appoints  the  commissioners  of 
election,  he  furnishes  to  these  last  the  ballot-boxes  (which  he  may  de 
mand  from  the  clerk  of  courts  for  this  purpose,)  the  stationery,  poll 
lists,  and  other  requisites,  and  instruct  them  verbally  or  otherwise  in 
their  duties. 

At  this  point  all  his  discretionary  powers  appertaining  to  ELEC 
TION  cease  and  determine,  and  his  remaining  duties  become  strictly 

MINISTERIAL. 

From  the  opening  of  the  polls  at  6  A.  M  of  the  day  of  election,  to 
the  close  of  the  count  and  the  delivery  of  the  statement  of  votes,  the 
commissioners  of  election  decide  all  cases  appertaining  to  election 
without  appeal.  (An  appeal  remains  during  the  day  of  election  to  the 
supervisor,  but  on  questions  of  registration  and  erasure  only),  the 
commissioners'  powers  are  limited  only  by  the  power  of  the  supervisor 
to  close  the  poll  for  notorious  and  open  violations  of  law,  within  the 
same  or  in  its  immediate  neighborhood. 

The  commissioners  of  election  count  the  vote,  and  make  the 
statement  of  votes  without  there  being  in  the  supervisor  any  power  of 
supervision  or  interference.  Their  statement  of  votes  is  made  in  du 
plicate,  one  copy  and  the  box  (the  ballots  having  been  replaced  therein) 
resealed,  they  deposit  with  the  clerk  of  courts,  the  other  copy  they  de 
liver  to  the  supervisor,  together  with  any  protest  appertaining  to  the 
election  which  they  may  have  seen  cause  to  make  in  duplicate,  and 
which  if  made  shall  be  corroborated  by  the  oath  of  three  respectable 
citizens,  registered  voters  of  the  parish,  and  may  be  accompanied  by 
such  other  written  evidence  as  may  exist. 

These  duties  it  is  provided  shall  be  performed  and  completed 
within  24  hours  after  the  close  of  the  poll,  this  however  on  the  ground 
that  the  law  never  requires  impossibilities,  has  been  construed*  to  be 

*  This  construction  was  made  by  Jewett,  Blanchard,  McArdle  &  Co. 


APPENDIX.  363 

declaratory,  only,  and  that  the  duties  are  to  be  performed  and  com 
pleted  as  soon  as  it  is  physically  possible.  These  duties  performed  the 
commissioners  become  functus  officio. 

The  supervisor  shall  now  from  the  several  statements  of  votes 
which  have  come  to  him  from  the  several  polls,  compile  the  consoli 
dated  statement  of  votes,  in  duplicate.  These  he  shall  submit  to  the 
clerk  of  courts,  and  obtain  his  certificate  that  they  correspond  with  the 
duplicate  copies  of  the  statements  of  votes  filed  in  his  office  by  the 
commissioners  of  election.  To  the  consolidated  statement  he  shall  at 
tach  his  protest  (if  any)  appertaining  to  registration  in  his  parish.  The 
original  with  his  original  protest  attached,  and  accompanied  by  all  the 
original  statements  of  votes  from  the  several  polls,  the  original  protests 
of  the  commissioners  of  election,  all  tally  sheets,  lists  of  voters,  and 
memoranda  of  election  from  each  poll,  and  any  evidence  in  the  shape 
of  affidavits  or  depositions  affecting  registration  or  election,  he  shall 
forward  by  mail  to  the  returning  officers  of  the  state  at  New  Orleans. 
The  duplicate  consolidated  statement  of  votes  he  shall  deposit  with  the 
clerk  of  the  courts,  and  at  the  same  time  shall  deposit  with  the  same 
officer,  the  duplicate  of  his  protest  of  the  registration  and  the  duplicate 
protests  of  election  (filed  with  him  by  the  commissioners  of  election) 
for  the  use  of  the  district  attorney.  This  done  he  becomes  functus 
officio. 

To  the  five  returning  officers  of  the  state  are  limited  all  powers  as 
returning  officers  of  election  and  there  can  be  no  returns  of  election 
except  those  made  by  them.* 

The  law  gives  them  unlimited  powers  to  enquire  into  any  and  all 
violations  of  law ;  which  have  affected  the  freedom  and  purity  of  regis 
tration,  or  the  freedom  and  purity  of  election,  in  any  parish,  or  at  any 
poll  in  the  state  and  to  apply  the  remedy;  and  the  return  of  election 
which  they  may,  after  such  enquiry,  make,  is  not  subject  to  review  by 
any  other  authority. 

The  law,  however,  is  express  in  its  terms  as  to  the  manner  in 
which  these  officers  may  acquire  jurisdiction  in  any  particular  case. 

It  was  made  in  view  of  the  probability  of  having  to  manufacture  affida 
vits  after  the  returns  from  the  parishes  came  to  New  Orleans.  If  it  was 
necessary  to  throw  out  a  few  votes  in  order  to  bring  in  some  candidate 
they  would  not  be  foreclosed  by  the  24  hour  clause  of  the  law. 

*  This  provision  of  the  election  law  is  in  direct  conflict  with  section 48 
of  the  Constitution  of  Louisiana.  It  has  been  held  by  the  supreme  court 
of  the  state  to  be  unconstitutional.  Senator  Edmunds  held  the  same  in 
the  Senate  of  the  United  States  March  16,  1875. 


APPENDIX. 

A  protest  affecting  the  registration  shall  emanate  from  the  super 
visor  and  affects  the  entire  parish,  a  protest  affecting  the  election  shall 
emanate  from  the  commissioners  of  election  and  affects  only  the  par 
ticular  poll.  These  shall  be  made  and  forwarded  to  the  board  with  all 
the  formalities  detailed  herein ;  upon  the  receipt  of  the  protest  in  the 
form  and  in  the  manner  provided  by  law,  the  board  acquires  jurisdic 
tion  in  the  particular  case  affected  thereby.  This  jurisdiction  can  be 
acquired  in  no  other  manner.  In  the  absence  of  the  protest  received, 
in  form  and  manner  prescribed  by  law,  the  duties  are  purely  ministe 
rial to  canvass  and  compile  the  statements  of  votes  as  received,  and  no 
evidence  may  be  received  or  enquiry  made  except  respecting  the  authen 
ticity  or  form  of  the  documents  before  them. 

I  am  unable  to  recollect  that  in  any  case,  except  that  of  Caddo, 
protests  were  forwarded  to  the  board  inform  and  manner  prescribed 
by  law.  Farther,  if  a  strict  construction  of  law,  as  affecting  super 
visors  were  raised,  and  that  of  my  circular  of  October  15  were  admitted, 
it  remains  that  the  protests  received  were  those  of  supervisors  apper 
taining  to  the  election,  while  it  is  expressly  provided  that  these  shall 
be  made,  if  at  all,  by  the  commissioners  of  election  and  by  them  only. 

CONSPIRACY. 

There  was  no  conspiracy  existing  prior  to  the  election  in  La.,  be 
tween  Packard,  Kellogg,  Dibble,  Blanchard,  Moray,  Ray,  Wells,  An 
derson,  Cassannave,  Kenner,  myself  and  others  to  obtain  a  fraudulent 
return  by  the  board  if  the  election  went  fairly  against  us. 

All  matters  touching  registration,  election,  and  returns  were  freely 
and  fully  discussed  by  and  between  Gov.  Kellogg,  Judge  Dibble,  Mr. 
Blanchard  and  myself  from  time  to  time.  No  one  concealed  his 
opinion  that  the  bull-dozed  parishes  so  called  would  be  carried  heavily 
against  us  by  fraud  and  violence,  and  that  the  proper  means  must  be 
taken  to  give  the  board  jurisdiction  in  these  cases. 

That  due  evidence  must  be  obtained  of  all  facts  which  would  en 
ure  to  our  partisan  advantage  after  the  election  and  before  the  Board. 
Gov.  Kellogg  seemed  to  rely  chiefly  upon  Mr.  Blanchard  and  myself 
to  attend  to  this  department.  I,  on  several  occasions  during  the  cam 
paign,  especially  on  two  or  three  occasions  in  October,  communicated 
to  all  supervisors  likely  to  be  interviewed  upon  this  subject,  and  im 
pressed  upon  them  the  great  importance  of  lawful  evidence  of  all  vio 
lations  of  law  in  their  several  parishes,  affecting  or  likely  to  affect  the 


APPENDIX.  365 

purity  and  freedom  of  registration  and  election.  Mr.  Blanchard  and 
myself  being  in  practical  control  of  the  office  of  late  registrar  of  voters, 
draughted  and  sent  out  over  Gov.  Hahn's  signature,  various  instruc 
tions  to  supervisors  and  commissioners  of  election,  intended  to  pre 
serve  such  freedom  and  purity,  or  to  secure  evidence  of  illegalities  if 
they  could  not  be  prevented.  If  all  these  several  instructions  had 
been  duly  obeyed  and  enforced  there  is  no  question  but  that  the  return 
of  the  Republican  ticket  would  have  been  obtained  in  strict  accordance 
with  law. 

AFTER  THE  ELECTION. 

After  the  election  when  it  was  found  that  the  White  league  tactics 
had  been  more  successful  in  the  bull-dozed  parishes,  and  that  by  the 
just  fears  of  some  supervisors,  and  the  inattention  and  stupidity  of 
others,  the  instructions  had  not  been  carried  out,  or  the  evidence  of 
fraud  and  violence  obtained  as  required  by  law,  the  officials  named  and 
others  concurred  (without  any  special  agreement  however  to  that  effect) 
in  an  endeavor  to  supply  the  requisite  evidence  in  a  colorable  shape. 
Having  anticipated,  in  part,  what  actually  happened,  I  had  recently,  be 
fore  election,  issued  a  circular  calling  attention  to  the  fact  that,  if  unable 
for  any  sufficient  reason  to  attach  protests  and  evidence  to  their  returns 
in  accordance  with  Sec.  26,  election  act,  they  might  forward  the  same 
to  the  board  in  separate  packages  under  Sec.  43.  This  was  a  strained 
construction  of  the  law,  sent  out  to  meet  a  possible  contingency  which 
actually  arose.  This  construction  was,  of  course,  found  very  useful 
after  election.  As  the  time  approached  for  the  board  to  close  its 
labors  and  the  utter  unscrupulousness  of  the  opposition  became  more 
manifest,  still  more  unscrupulous  means  were  used  to  circumvent  their 
frauds  and  perjuries.  Though,  at  no  time  was  any  formal  agreement 
come  to  by  and  between  any  of  the  Republican  managers  and  myself 
or  with  my  knowledge,  to  go  outside  the  law. 

Mr.  Packard  was  not  in  the  city  until  the  evening  of  Nov.  4th, 
and  neither  then  or  after  was  any  consultation  had  with  him  respecting 
details. 

Nov.  8,  and  several  days  thereafter  Mr.  Packard,  Mr.  Pitkin,  Mr. 
Blanchard  and  myself  were  at  the  custom  house  in  receipt  by  telegraph 
and  otherwise  of  the  result  of  the  election.  Our  gain  in  the  city  had 
been  large  (2,400)  and  the  first  advices  from  the  country  were  favor- 


366  APPENDIX. 

able,  and  it  was  not  until  about  Nov.  13  that  we  knew  that  the  state 
had  gone  against  us  by  the  ballots  in  the  boxes. 

The  Returning  Board  were  by  law  to  meet  Nov.  17:  about  Nov. 
12,  a  committee  of  counsel  was  selected  to  attend  to  the  interests  of  the 
party  before  the  board. 

This  was  composed  of  Dibble,  Gorham,  Hardy,  Harris,  Morey, 
Blanchard,  Campbell  and  myself.  Each  member  took  charge  of  evi 
dence  from  localities  with  which  he  was  most  familiar.  I  appointed 
Mr.  Hagin,  a  young  lawyer  of  N.  O.,  attorney  for  the  committee  on 
registration  and  election,  and  made  him  chief  clerk.  I  detailed  one  of 
my  confidential  clerks,  Jas.  P.  McArdle,  as  his  assistant  and  others  as 
occasion  required.  Campbell,  Harris,  Hardy,  and  Gorham  chiefly 
draughted  the  affidavits  and  protests  while  Blanchard  and  myself  re 
served  to  suit  ourselves  the  examination  of  all  witnesses  from  localities 
with  which  other  members  of  the  committee  were  unfamiliar  and  the 
decision  respecting  the  value  or  availability  of  their  evidence.  In  the 
collection  and  reduction  of  such  a  mass  of  evidence  in  a  few  days,  it 
was  manifestly  impossible  for  one  man  to  even  read  it  all  but  I  kept 
myself  informed  of  all  that  was  of  importance. 

After  the  arrival  of  the  Congressional  committees  the  committee 
was  enlarged  to  include 


and  the  following  sub-committees  were  organized  : 


Again  at  the  special  request  of  Mr.  Packard  I  took  charge  of  the  pre 
paration  and  collection  of  evidence,  as  chairman  of  the  committee  for 
that  purpose. 

DE  SOTO  PARISH. 

C.  L.  Ferguson,  supervisor,  mailed  his  returns  per  registered 
package  to  New  Orleans  from  Mansfield,  Nov.  I4th ;  he  reached  New 
Orleans  in  person  about  the  23d ;  on  the  24th  I  received  from  Geo.  L. 
Smith,  in  person,  or  from  some  person  in  his  interest,  a  notice  that  my 
presence  in  the  private  office  of  the  post-office  would  be  desirable  about 
9  or  10  P.  M.  that  night.  On  my  arrival  I  found  there  Geo.  L. 
Smith,  candidate  for  Congress,  4th  district,  D.  D.  Smith,  cashier  post- 


APPENDIX.  367 

office,  C.  L.  Ferguson,  supervisor  De  Soto  parish,  T.  H.  Hutton,  su 
pervisor  Bossier  parish,  Jno.  S.  Morrow,  supervisor,  Fred.  E.  Heath, 
candidate  for  House  of  Representatives,  and  Sam'l  Gardner,  citizen  of 
Webster  parish,  with  one  or  two  others  I  think,  whom  I  do  not  now 
remember.  I  had  detailed  Mr.  McArdle  to  attend,  and  he  was  there, 
but  on  account  of  objections  on  the  part  of  Geo.  L.  Smith  he  was  sent 
away.  The  fact  whether  protest,  had  been  made  or  not,  etc. ,  having 
been  considered,  D.  D.  Smith  unlocked  the  post-office  vault  and 
produced  therefrom  the  returns  of  De  Soto,  Bossier,  Caddo  and  Web 
ster.  Caddo,  it  was  stated  that  he  had  brought  down  himself.  Bossier 
and  Webster  he  had,  as  I  understood.  On  the  De  Soto  package  I  no 
ticed  the  post-mark  of  Mansfield  and  that  it  bore  evidence  of  registration. 
It  was,  however,  already  open.  It  was  unrolled  and  examined  by 
Smith  and  myself.  It  was  not  possible  to  create  a  Republican  ma 
jority  except  by  throwing  out  polls  I,  3,  5,  7  and  8.  These  were  se 
lected  for  protest  and  Ferguson  was  asked  for  facts.  I  draughted  a 
protest  based  on  such  facts  as  he  had  knowledge  of,  either  personally, 
or  from  information  received,  or  as  were  suggested  by  Geo.  L.  Smith, 
or  by  the  well-known  conditions  of  the  parish.  This  Ferguson  copied 
and  was  directed  to  take  the  same  before  F.  A.  Woolfley  for  adminis  - 
tration  of  the  oath. 

It  was  suggested  by  me,  that  of  course  it  was  not  possible  to  at 
tach  this  protest  and  various  affidavits  in  hand  affecting  the  same 
parish  (taken  before  commissioner  Levissee  in  Shreveport)  to  the  con 
solidated  statement  of  votes,  this  having  come  forward  by  mail  and 
there  being  a  disagreement  of  dates,  but  they  should  be  handed,  or 
sent  in  under  Sec.  43,  as  per  my  circular  letter  of  instructions. 

Notwithstanding,  the  unbounded  stupidity  of  somebody,  rolled 
these  up  in  the  original  package,  which  restored  apparently  to  its  orig 
inal  condition,  went  forward  by  carrier  to  the  board  Nov.  25. 

BOSSIER  PARISH. 

The  returns  of  Bossier  were  handed  by  Capt.  Hutton,  the  super 
visor,  to  G.  L.  Smith  for  safe-keeping  upon  his  (Hutton's)  arrival  in 
the  city  and  were  by  Smith  placed  in  the  vault  of  the  post-office. 

T.  H.  Hutton,  had  on  Nov.  13,  (the  day  that  he  started  from 
Bellevue  for  New  Orleans)  sworn  his  consolidated  statement  of  votes 
(popularly  known  as  the  return)  before  Geo.  B.  Abercrombie,  clerk  of 


368  APPENDIX. 

court,  and  had  deposited  with  said  clerk  a  copy  as  required  by  law,  at 
the  date  named  and  when  the  returns  were  examined  by  me  in  the 
post-office.  This  document  bore  in  the  space  for  remarks  a  protest  of 
the  Atkins  Landing  box  (No.  i)  and  no  other. 

In  my  presence  in  the  private  office  of  the  post-office,  the  super 
visor  interpolated  in  the  same  space  under  the  protest  noted  above, 
and  above  the  jurat,  a  second  protest  affecting  the  Red  Land  box  (No. 
3. )  There  is  no  question  in  my  mind  but  that  the  protest  and  exclu 
sion  of  this  box  was  an  afterthought  which  first  took  shape  at  this 
time  (Nov.  24). 

WEBSTER  PARISH. 

Jno.  W.  Morrow,  supervisor  of  registration,  forwarded  his  re 
turns  by  mail  to  New  Orleans  as  I  now  believe.  If  I  am  mistaken 
herein  he  had  deposited  them  with  Geo.  L.  Smith  for  safe-keeping. 

On  the  night  of  Nov.  24  I  saw  them  taken  by  Smith  out  of  the 
post-office  vault  (see  De  Soto),  at  this  time  they  were  unrolled  and  ex 
amined.  Those  present  took  the  view  that  it  would  be  highly  con 
venient  to  get  rid  of  about  250  votes  in  this  parish.  An  affidavit 
made  in  Meriden,  (Nov.  20),  by  W.  L.  Franks  was  at  hand  affecting 
poll  No.  I.  Sam'l  Gardner  then  present  made  another,  then  and 
there,  affecting  poll  5,  (Meriden.) 

I  draughted  a  protest  for  Morrow  on  this  occasion  based  on  facts 
stated  in  the  affidavit,  and  by  F.  E.  Heath  and  Jno.  W.  Morrow. 
This  protest  Morrow  copied,  or  it  was  copied  for  him  by  F.  E.  Heath, 
and  he  signed  it  in  the  clerks  office,  U.  S.  Circuit  Court  the  following 
day.  This  protest  and  these  two  affidavits  were  forwarded  to  the 
board  with  his  returns. 

MOREHOUSE  PARISH. 

F.  M.  Grant,  supervisor,  brought  his  returns  to  New  Orleans 
about  one  week  prior  to  Nov.  2oth.  No  protest  accompanied  his  re 
turns.  In  conversation  with  Mr.  Blanchard  and  myself  he  stated  (im 
mediately  after  his  arrival)  that  while  he  was  of  the  belief  that  there 
had  been  intimidation  affecting  both  registration  and  election,  he  knew 
nothing  important  of  his  own  knowledge  and  could  not  see  his  way 
clear  to  make  a  protest.  He  also  called  attention  to  the  dangerous 


APPENDIX.  369 

consequences  to  himself,  as  a  property-holder  and  resident  of  the  parish, 
should  he  do  so. 

The  evening  of  that  or  the  following  day,  at  the  governor's  re 
quest,  Blanchard  and  myself  drove  him  out  of  the  governor's  residence 
where  we  had  a  conference  respecting  his  parish  and  testimony.  This 
being  without  effect  the  governor  took  him  apart,  into  an  adjoining 
room,  and  they  conferred  together  some  time.  The  next  day  he  was 
again  interviewed  by  Kellogg  at  the  custom  house  and  was  (as  I  was 
informed),  taken  to  see  the  visiting  statesmen.  Blanchard  informed 
me,  that  Grant  was  bull-dozed  by  these  and  other  parties  for  several 
days  before  he  would  make  the  protest  which  he  made  Nov.  i8th. 

At  this  time  I  purposely  avoided  even  seeing  the  visiting  states 
men  except  as  I  met  them  casually  at  Kellogg's,  and  it  was  arranged 
between  myself  and  Mr.  Blanchard  that  he  should  do  everything 
which  would  require  the  slightest  connection  with  them. 

This  was  done  because  it  was  not  proposed  that  Mr.  Blanchard 
should  testify  before  either  committee  of  Congress  when  they  came,  as 
was  expected,  and  I  desired  to  be,  myself,  incapable  of  answering  any 
inconvenient  questions  which  might  be  propounded  to  me  touching 
these  gentlemen  and  their  connection  with  our  affairs. 

OUACHITA  PARISH. 

M.  J.  Grady,  supervisor,  was  extremely  reluctant  to  protest  the 
election.  He  stated  that  he  had  sent  in  considerable  testimony  in  the 
shape  of  affidavits  but  assigned  as  a  reason  for  not  making  the  protest, 
which  would  confer  jurisdiction  upon  the  board,  that  many  facts  al 
leged  were  personally  unknown  to  him,  and  that  he  feared  the  future 
consequences  to  himself.  He  was  so  reluctant  to  formally  protest 
facts  which  were  notorious  and  indisputable  that  I  recollect  being 
somewhat  severe  in  my  language  to  him  as  betraying  his  principles, 
his  friends,  his  party,  by  his  refusal.  He  finally  made  the  affidavit  or 
protest. 

I  am  informed  by  Mr.  Blanchard  that  Mr.  Grady  was  bull-dozed 
by  Kellogg,  Sherman,  Garfield,  and  others  for  a  week  before  he  would 
sign  the  protest.  He  admitted  to  myself  that  he  could  not  stand  the 
pressure.  I  do  not  charge  or  believe  that  any  fact  stated  by  Grady 
was  untrue  or  unknown  to  him,  at  least  by  common  report.  The  evi 
dence  was  simply  obtained  in  a  manner  which  deprived  it  of  any  legal 
value. 


370  APPENDIX. 

EAST  BATON  ROUGE. 

F.  A.  Clover,  supervisor,  reached  New  Orleans  with  his  returns 
complete  about  Nov.  n  or  12.  It  is  already  in  evidence  that  his  pro 
test  was  written  in  upon  his  consolidated  statement  above  the  jurat 
which  he  made  in  Baton  Rouge.  His  protest  dated  Nov.  18,  (258 
Sherman)  stated  facts  no  doubt,  and  no  dishonesty  is  charged  in  con 
nection  therewith. 

The  fraud  in  this  parish  was  committed  by  his  refusal  to  compile 
the  statements  of  the  votes  cast  at  polls  5,  6,  7,  8,  9,  and  13,  on  the 
ground  of  technical  informalities  of  proceeding  upon  the  part  of  the 
commissioners  of  election. 

The  judicial  powers  of  returning  officers  of  election  is  confided  by 
the  Louisiana  law  to  the  returning  officers  of  the  state  and  to  them 
alone,  and  it  was  Mr.  Clover's  duty  to  compile  and  forward  to  the  board 
all  statements  whatever,  and  all  memoranda  connected  therewith,  to 
call  attention  to  all  frauds  and  irregularities  connected  with  any  poll, 
in  order  that  the  board  might  obtain  jurisdiction  to  apply  the  remedy 
provided  by  law.  (See  see's  26  and  43,  act  98,  1872.) 

This  Mr.  Clover  refused  to  do  and  was  sustained  in  his  refusal  by 
Kellogg,  Campbell,  and  others,  to  whose  advice  he  would  have 
yielded.  Mr.  Clover  undoubtedly  did  this  with  the  promise  or  expec 
tation  of  reward. 

I  do  not  by  any  means  charge  that  Mr.  Clover  committed  an  in 
tentional  fraud.  He  was  a  man  not  especially  qualified  to  construe  a 
statute.  Under  a  construction,  which  he  adopted,  and  which  was  up 
held  by  parties  fully  aware  of  his  error,  (those  named),  he  attempted  to 
remedy  one  wrong  by  the  commission  of  another. 

It  may  be  said  that  I  ought  to  have  corrected  him.  This  it  would 
have  been  useless  for  me  to  do  against  the  influence  of  those  named 
and,  while  Mr.  Blanchard  and  myself  were  practically  in  control  of  the 
state  registrar's  office,  and  while  Gov.  Hahn  would  have  undoubtedly 
signed  an  order  (drawn  by  either  of  us)  to  Mr.  Clover,  the  law  has  ex- 
pressely  excepted  supervisors  from  obedience  to  the  rulings  or  orders 
of  the  state  registrar  of  voters,  who  is  at  the  same  time  deemed  their 
administrative  chief. 

EAST   FELICIANA    PARISH. 
Jas.  E.  Anderson,  supervisor,  refused,   upon  his   arrival  in  New 


APPENDIX.  3/1 

Orleans,  to  make  any  protest,  alleging  as  a  reason  his  fear  of  being 
murdered  if  he  did  so.  This,  in  his  case,  I  did  not  believe,  having  been 
convinced  by  his  then  secret  conduct  that  he  was  a  corrupt  scoundrel, 
who  would  protest  or  not,  betray  one  party  or  the  other  (he  was  un 
questionably  in  the  employ  of  both)  as  he  might  conceive  to  be  for  his 
interest. 

As  Gov.  Kellogg  was  responsible  for  his  being  in  his  parish  to  go 
through  the  farce  of  an  election  I  abandoned  to  Gov.  Kellogg  the  task 
of  getting  him  to  testify  to  notorious  facts  unquestionably  within  his 
knowledge  and  washed  my  hands  of  him  and  of  his  affairs.  I  was 
present  on  two  occasions  at  Kellogg's  house,  when  Anderson  and  the 
Governor  were  in  conference  respecting  his  testimony. 

On  the  loth  of  November,  immediately  after  his  arrival,  Anderson 
had  signed  a  protest  drawn  by  Hugh  J.  Campbell  which  the  following 
day  he  distinctly  repudiated,  and  which  he  stated  to  be  at  least  in  part 
untrue.  This  protest  was  not  finally  accepted  by  him  again  until,  as  I 
was  informed,  Anderson  had  been  promised  the  position  of  deputy 
naval  officer  or  something  that  should  be  a  full  equivalent.  Anderson 
himself  informed  me  while  under  the  influence  of  liquor  (about  No 
vember  20)  that  "he  had  got  what  he  was  after,"  by  which  remark 
and  its  context  I  understood  that  he  had  received  pledges  of  reward  for 
his  testimony. —  I  have  also  been  informed  that  Messrs.  Sherman  and 
Garfield  assisted  in  bringing  Mr.  Anderson  "  to  listen  to  reason." 

RICHLAND  PARISH. 

J.  F.  Kelley,  supervisor,  brought  consolidated  statement  to  New 
Orleans  in  person,  waited  upon  Gov.  Kellogg  (before  delivering  re 
turns  to  board)  and  reported  to  him  certain  facts  respecting  registra 
tion  and  election. 

The  Governor  then  and  there  draughted  a  protest  for  Kelley  who 
having  disappeared  meanwhile,  Kellogg  handed  the  draft  to  me  with 
the  request  that  I  would  see  that  Kelley  signed  something  like  that, 
and  that  he  filed  the  same  with  his  returns. 

Upon  meeting  Kelley  the  next  day,  he  declined  to  sign  a  statement 
such  as  the  governor  had  draughted,  assigning  as  a  reason,  that  he  did 
not  personally  know  the  facts  stated  to  be  true.  Mr.  Kelley  returned 
to  his  parish  without  making  any  protest. 

Kelley  returned  to  New  Orleans  with  witnesses  about  November 


3/2  APPENDIX. 

25th  when  I  handed  Judge  Campbell  a  substantial  copy  of  Kellogg's 
draft  and  requested  him  to  take  charge  of  the  matter.  I  think  the 
judge  afterwards  told  me  that  Kelley  still  refused  to  sign.  About 
November  3Oth  Mr.  Kelley  signed  an  inconsequential  affidavit  respect 
ing  the  election  in  Richland  which  was  shown  to  me,  whereupon  I 
drew  up  the  protest  which  appears  with  his  returns  (460  Sherman) 
and  handed  it  to  Mr.  Hagin  I  think  for  Mr  Kelley's  signature.  This 
Mr.  Kelley  signed  16  or  17  days  after  his  returns  were  in  the  office  of 
the  board. 

SECOND  WARD,   ORLEANS. 

A.  J.  Brim,  supervisor,  refused  to  compile  and  forward  statement 
of  votes  from  poll  6  contrary  to  law  and  was  sustained  in  his  refusal  by 
Kellogg,  Hahn,  and  others. 

See  remarks  upon  East  Baton  Rouge. 

PARISH  OF  LAFOURCHE. 

Marcelin  A.  Ledet,  supervisor,  refused  to  receive  and  compile  and 
forward  to  the  board  the  statements  of  votes,  tally  sheets,  and  memo 
randa  of  election  from  polls  No. 

His  error  was  the  same  as  that  of  Capt.  Clover  and  was  sustained 
by  the  same  parties.  In  this  case  also  the  returns  were  withheld  a 
very  long  time  after  their  arrival  in  the  city. 

Mr.  Ledet  was  perfectly  honest  in  his  error ;  had  no  intention  of 
defrauding  anyone,  and  the  neglect  did  not  change  any  result  in  the 
parish  or  in  the  senatorial  or  congressional  district. 

CLAIBORNE    PARISH. 

Capt.  J.  E.  Scott,  supervisor,  forwarded  his  returns  by  mail  to 
the  board.  His  commissioners  of  election  were  all  democrats.  No 
protests  were  made  by  them.  No  protest  was  made  by  him  and  for 
warded  with  his  returns  according  to  Sec.  26,  election  act. 

Upon  his  arrival  in  New  Orleans  he  stated  that  he  had  no  personal 
knowledge  of  any  facts  which  would  justify  a  protest  although  he  had 
no  doubt  of  the  existence  of  such,  his  belief  being  based  upon  informa 
tion  received.  November  24  Mr.  Hagin  drew  up,  under  my  instruction, 
a  protest  in  the  presence  of  Capt.  Scott  which  he  signed  and  which 


APPENDIX.  373 

was  forwarded  to  the  board.  This  protest  stated  no  facts  which,  under 
a  fair  construction  of  the  law,  would  have  given  the  board  jurisdiction, 
and  affected  polls  i,  2,  3,  5,  and  n.  No.  3  was  thrown  out. 

VISITING  STATESMEN. 

I  expect  to  prove  that  protests  and  evidence,  such  as  it  was,  which 
had  been  received  and  filed  up  to  November  27,  excluded  votes  for 
Packard  1,620  and  for  Nichols  9,700,  leaving  Mr.  Packard  elected  by 
a  clear  majority,  with  a  Republican  majority  in  the  Senate  and  House, 
and  also  elected  3  Hayes  and  5  Tilden  electors. 

That  thereafter,  in  pursuance  of  a  conspiracy  between  J.  M.  Wells, 
Thos.  C.  Anderson,  Jno.  Sherman,  and  J.  A.  Garfield,  and  others, 
polls  were  excluded  in  the  parishes  of  Caldwell,  Natchitoches,  Rich- 
land,  Catahoula,  Iberia,  Livingston,  and  Tangipahoa,  with  the  result, 
and  for  the  purpose,  of  returning  as  elected  5  Hayes  electors  who  were 
otherwise  defeated.  That  the  consideration  of  this  conspiracy  was  the 
absolute  control  of  the  Federal  patronage  within  the  State  of  Louisiana 
by  the  said  Wells  and  Anderson,  that  the  evidence  used  to  effect  the 
object  of  the  conspiracy  was  manufactured  without  regard  to  actual 
facts  and  with  the  knowledge  of  the  several  conspirators,  and  that  the 
consideration  to  be  given  to  said  Wells  and  Anderson  has  been  de 
livered  up  to  date. 


\*w 


INDEX 

ARRANGED  ACCORDING  TO  VOWEL    LETTERS,  A,  E,  I,  O,  U,  Y. 


PAGE 

ALABAMA,  disappearance  of  alien  government,  in  .............. 

ARKANSAS,  disappearance  of  alien  government,  in  ..............       o 

ALACHUACO.,  Fla  .......................................  g| 

Fraud  in   .....          ...........  •    ..................     o_ 

Connection  of  E.  F.  Noyes,  therewith  ..................     »7 

AMERICAN  PEOPLE,  sense  of  justice  of,  the  ....................       9 

"         DISHONOR,  the  Roll  of,  .........................  •  ••  29£ 

<  •          POLITICS,  ignorance  of  the  history  of,  ----  ••••••  ----     35 

ALLEN,  A.  A.,  sheriff  of  Baker  county:  Admissions  of,  to  P<       f-- 
committee  ...........................  :  •          •  •  •  '  •; 

ANTRELL,  Wm.  M.,  affidavit  maker  in  Fla.,  appointment  of,  ...     109 
ANDERSON,  James  E.,  character  of,    ..........  .  .  ..  -  •    •  •    •  :  ---- 

Made  supervisor  of  registration  Parish  of  East  Fehciana: 
Instructed  by  Kellogg  to  prevent  a  fair  election  ..........    IJ7 

Testimony  of,  about  letter  from  John  Sherman  .....  .  .  ...    144 

Swore  that  he  did  not  make  a  protest  :  Agreement  of,  with 
C.  E.  Nash  ..........................  •    •  •:  ----  \"  •  .;;  2 

Did  John  Sherman  promise  a  reward  to  :  Dealings  of,  with 
Stanley  Mathews  et  al  ................................   2_9 

Connection  of,  with  Stanley  Mathews  .....  ....        ......  3°3  7 

Appointment  of,  to  Funchal  consulate  ;  declines  the  same.  307 
ABELL,  Chas.   S.,  secretary   Returning  Board:   Tampering  with 


Preewof    at  opening  of  returns  of  De  Soto  parish.  ...    1 
Connection  of,  with  Eliza  Pinkston's  affidavit   ...........    103 

Appointed0  clerk  iii'N.'  O.'  custom  house  :   Falsification  of 

*  *          -i    i  ,    24-2 

record  by,    ............  .  ..................  "JT 

ANDERSON,  Thos.  C.,  character  of,  .....  .......  .  -  -  .  .  •  •  •  •-••••   ^ 

Appointment  of,   messenger  by  electors:   Reached  \\ash- 

ington  with  return   ...................  •  .....  •  •  •  •  •  •  •  •      '^ 

Testimony  of,  about  interview  with  President  of  Senate: 
False  statement  of,  ....................................    !  ^§ 

Admissions  of,    .................          V  **.'«*  ir  Yi  ......  j 

Return  of,  to  New  Orleans  :   Meeting  of,  with  Kellogg  and 

Qark  .........................    ......    .........   J79 

Rewardof,  for  services  ...............................  233"7 

Indictment  of,  for  forgery   ......    .....  ...............  *JJ 

Attempt  of,  to  resist  arrest  .......................  -  .....  *3* 


376  INDEX. 

PAGE 

ANDERSON,  Thos.  C.,  trial  of,  for  forgery 235 

Admissions  of  counsel  for,  of  the  forgery 236 

Conviction  of, 235 

Command  of,  over  Federal  patronage  in  La 222 

Depravity  of, 223 

Telegram  of  Sherman  et  al  to, 224 

ANDERSON,  Chas.  B.,  son  of  Thomas  C.,  appointed  clerk  in  N. 

O.  custom  house 241 

ALIEN  GOVERNMENT,  disappearance  of,  in  Southern  States 8 

Upheld  by  Federal  Military  power 12 

ALIEN  Rule  creates  lawlessness 1 1 

"     and  Sedition  Laws *9 

ACTIVE  AGENTS,  in  manipulation  of  Florida  returns 69 

AFFIDAVIT  MILL,  the,  set  to  work  in  N.  O.  custom  house 14° 

Began  to  grind  out  so-called  evidence I42 

ANTOINE,  C.  C 337 

ARTHUR,  C.  A.,  in  communication  with  Sec'y  War 56 

Statement  of,  concerning  use  of  "  Soap." ...   209 

ARMY,  increase  of  the,  by  the  federalists 19 

BARLOW,  Francis  C.,   Visiting  Statesman:    Belief  of,    that   Mr. 

Tilden  carried  Florida 33 

Invited  to  go  to  Fla 65 

Conduct  of,  in  Fla 90-2 

Chandler's  plans  nearly  undone  by, 90 

Sincerity  and  honesty  of, 91 

Belief  of,  in  Gen'l  Grant's  sincerity 92 

Honesty   of,   feared  by  L.    G.    Dennis :    Ideas    of,   about 

power  of  Returning  Board   93 

Desire  of,  to  do  right:   Labors  with  Dr.  Cowgill 96 

Assignment  of,   to  Alachua  case :    Distrust  of,  by  L.    G. 

Dennis 100 

Conscience  of,  not  pliant 113 

BAKER  COUNTY,  Florida,  false  return  from 70 

Return  from,  reached  in  canvass 80 

Return  of,  thrown  out 99 

BAYONET  RULE. 12 

BARNES,  L.  A.,  registrar  U.  S.  Land  Office  Fla.:  Connection  of, 

with  Alachua  Fraud 86  and  108 

BAYARD,  Thos.  F.,  appointed  on  committee 36 

BLACK  FRIDAY,  investigation. , 10 

BLACK,  J.  S.  (Judge),  language  of, 33 

"        Richard,  part  of,  in  Alachua  fraud 85 

Appointment  of, 107 

BARTLETT,  H.  C.,  supervisor  of  registration,  Ninth  Ward,  New- 
Orleans  119 

BACKERS,  L.  C.,  supervisor  of  registration,  Eleventh  Ward,  New 

Orleans 119 

BADGER,  A.  S.,  services  of,  and  reward  therefor 273 


INDEX.  377 

PAGE 

BATES,  Geo.  C,  on  Grant 358 

BLANCHARD,  B.  P.,  connection  of,  with  forgery  of  Electoral  Cer 
tificate 279 

Appointed  Clerk  N.  O.  C.  H 280 

BRADLEY,  Justice,  selected  as  the  5th  Judge 39 

Serious  doubts  of,  in  Fla.  case :  Wrote  and  re-wrote  several 

opinions     4-8 

BRADY,  Thos.  J.,  goes  with  special  agents  to  Florida 53 

Carries  money  to  Florida -  53  and  65 

Connection  of,  with  Florida  frauds :   Retention  of,  in  office,  no 

BELKNAP,   Secretary  of  War,  attempt  to  impeach 6 

Confession  of :  Allowed  to  resign 31 

BELL,  JAMES 69 

Connection  of,  with  fraud  in  Jefferson,  Fla 89 

Confession  of, 9° 

Appointment  of, l°8 

BEDLE,  Ex-Gov.  N.  J. ,  on  Grant 358 

BREWSTER,  O.  H.,  ineligible  elector:  Resigns  office  of  surveyor- 
general  of  La. :  Votes  for  Hayes  and  Wheeler  and  re-ap 
pointed 43 

Connection  of,  with  Eliza  Pinkston :  Reward  of, 265 

BREWSTER,  Benj.  Harris,  attorney-general,  confidence  of,  in  Geo. 

Bliss 261 

BRENNAN,  H.  F.,  supervisor  registration,  1st  Ward,  N.  O 119 

BILL,  Electoral  Commission,  of  1800 19 

Provisions  of 2I 

Republican  leaders  fall  back  on  the, 213 

Revamped  by  Sen.  Edmunds 37 

Electoral  Commission,  of  1877,  reported  from  committee.. .  38 
BILLINGS,  E.  C.,  judge  U.  S.  Court,  Louisiana,  refusal  of,  to  de 
liver  electoral  certificates   l85 

BLISS,  Geo.,  saved  Kellogg  from  indictment 261 

BRIM,  A.  J.,  supervisor  of  registration,  2d  Ward,  N.  0 119 

Services  of,  and  reward  therefor   291 

BOUTWELL,  Geo.  S !2 

BOWES,  Joseph 69 

Ballot-box  stuffing  by :  Confession  of 89 

Services  of,  and  reward  therefor 107 

BOSSIER,  C.  A.,  supervisor  of  registration,  St.  Charles  parish . ...  126 

BLOXHAM.  vs.  state  canvassers 

BROWN,  Chas.  F.,  services  of,  and  reward  therefor 

BURKE  E.  A.,  statement  to,  of  D.  A.  Ward  of  Grant  parish. 

Efforts  of,  to  secure  fair  registration  in  N.  O 

Detection  by,  of  De  Soto  parish  fraud 

Testimony  of,  to  Potter  committee;  Interview  of,  with  rep 
resentatives  of  Hayes  :    Memorandum  of  points  agreed 

upon  with  Stanley  Mathews    229 

Presence  of,  at  Wormley  Hotel  conference 230 

Assurances  of,  to  Mr.  Springer 231 


68 
297 
116 

122 

157 


378  INDEX. 

PAGE 

BURCH,  J.  Henri,  Hayes  elector  43 

Appointed  clerk  in  custom  house,  N.  O 263 

BUTLER,  General  B.  F.,  cross-examination  by,  of  Thos.  S.  Kelley.   188 

BURLESQUE  ELECTORAL  CERTIFICATE 192 

Object  of, 193 

CARPET-BAGGER,  the  term  used  to   express  contempt :    Rule  of, 

in   1876,  dominated  in  but  three  states 8 

CARPET-BAG  ROGUES,  their  stories  of  alleged  outrages :  Laws 
enacted  by,  a  great  burden  upon  the  people  :  Justice  un 
der,  became  a  mockery II 

Indignation  meeting  of,  at  Tallahassee  :   Suspicion  of,  that 

Hayes  was  not  to  be  trusted loo 

Knowledge  of,  that  E.  F.  Noyes  represented  Hayes 101 

Organized  spoliation  under,  in  La    319 

What  Grant  thought  of 308 

CAMERON,  J.  D.,  Secretary  of  War,  involved  in  the  conspiracy; 

Army  directed  by,  in  aid  of  the  conspirators 30 

Partisan  conduct  of;  Orders  of,  to  General  Augur 32 

Influence  of,  with  General  Grant 55 

Conference  with,  over  Jay  Gould's  private  wire 56 

Dispatches  of,  to  General  Sherman 57 

Interview  of,  with  Maddox 221 

CAMPAIGN,  the,  1874:   How  fought  by  republicans  :  Response  of 

the  people  and  disapproval  of 13 

CASEY,  James  F.,  connection  of,  with  Louisiana  politics 326 

History  of,  by  Warmoth 328 

Joins  the  anti-Warmoth  party :   Fondness  of  Gen'l  Grant 

for, ...331 

Use  of  revenue-cutter  by, 333 

Warmoth  demands  removal  of, 337 

Telegrams  of,  to  President 346 

CALIFORNIA,  dispatches  from,   51 

CAMP,  B.  H. ,  sent  to  Florida 65 

CAMPBELL,  Hugh  J.,  one  of  counsel  to  run  "  Affidavit  Mill.". ...   114 

Had  charge  of  Kelley's  affidavit 169 

History  of, 276 

Services  of;   Rewarded  for  services   277 

CAMPBELL,  Bantley,  saw  money  paid  to  Louisiana  legislators. . .    .  329 
CARTER,  George,  speaker  Louisiana  House  of  Representatives : 

Speech  of,  against  Warmoth 327 

Expelled  by  Warmoth's  friends  from  legislature ..   334 

CARTER- Warmoth  war,  the 334 

CARPENTER,  Mat,  H.,  senator,  report  of,  on  Louisiana  election..  338 
CARR,  Mortimer,  speaker  Louisiana  House  of  Representatives . . .   333 

CASSANNAVE,  Gadane,  member  of  Returning  Board 155 

Character  of 156 

Visit  of,  to  Washington  for  relief 237 

Statement  of,  about  Federal  officers  in  La 238 


INDEX.  379 

PAGE 

CASSANNAVE,  Gadane,  letter  of,  to  Hayes 239 

Letter  of,  to  John  Sherman :  Telegrams  concerning,  by 

Hayes  counsel 240 

CARTWRIGHT,  J.  C,  elector  in  Oregon 46 

CANVASS,  the,  of  Florida  county  returns  begun 80 

Of  County  returns  for  Governor  directed  by  the  Supreme 

Court  of  Fla 98 

Of  Electoral  vote  not  ordered  by  the  Supreme  Court 99 

Technical  meaning  of , 130 

CAMPBELLTON  PRECINCT,  Florida,  evidence  about 83 

CHANDLER,  Zachariah 12 

Chairman  Republican  National  Committee 29 

Secretary  of  the  Interior  ;  Inspirer  of  the  most  violent  acts .  30 

Telegrams  sent  in  the  name  of, 50 

Dispirited 51 

Bold  and  unscrupulous  man:  Famous  dispatch  of:  Letter 

to,  from  W.  E.  Chandler 52 

Communication  of,  to  President  over  Jay  Gould's  private 

wire  5° 

Dispatch  of,  to  Gov.  Stearns,  Fla 62 

Knew  of  forgery  of  Electoral  certificate  from  La 184-192 

Letter  to,  from  Kellogg 184 

CHANDLER,  W.  E.,  arrives  from  New  Hampshire :  Testimony  of.  49 

Figures  166  votes  for  Hayes 50 

Requested  by  General  Grant  to  remain  in  Florida 33 

Telegrams  sent  by  :  Testimony  of,  to  Potter  committee. . .  50 
Explains  the  situation  to  Zach.  Chandler:  Scheme  of,  to 

claim  election  of  Hayes  :  Advises  that  bold  and  skilful 

men  be  sent  South  :  Takes  charge  of  Fla  51 

Leaves  for  Fla  :  Letters  from,  to  Zach.  Chandler 52 

Arrives  at  Tallahassee  :  Cipher  telegram  of,  to  private  sec'y 

of  Hayes 64 

Cipher  telegrams  to 65 

Cipher  telegrams  to  Zach.  Chandler :  Interprets  cipher  dis 
patches  to  Potter  committee 66 

Money  sent  to,  for  use  in  Fla.:  Cipher  telegram  to  Zach. 

Chandler  :  Cipher  telegram  to  67 

Discovery  by,  that  Co.  returns  show  a  majority  for  Tilden 

electors 7° 

Arranges  cipher  with  Kellogg 74 

Cipher  telegrams  to  Kellogg 75 

Purpose  of,  in  having  Noyes  sent  to  Fla 79 

Dealings  of,  with  Francis  C.  Barlow 92 

Barlow  humored  by, 93 

Assurances  of,  to  McLin 103 

Mentioned  L.  G.  Dennis  to  Hayes 104 

Recommendation  of  Jos.  Bowes  by, 108 

Quarrel  of,  with  Hayes  112 

CHAPMAN,  Samuel,  services  of  and  reward  therefor 296 


380  INDEX. 

PAGE 

CHADWICK,  Rev.  J.  S.,  on  Grant 357 

CLAY,  Henry,  on  the  question  of  eligibility  of  electors 43 

CLANCY,  M.  A.,  letter  to  Zach.  Chandler  under  cover  to, 52 

CLARK,  H.  Conquest,  testimony  of 1 79-180 

Preparation  by,  of  new  Electoral  Certificates    180 

Knew  of  the  forgery  of  the  names  of  Levissee  and  Joffroin.   185 

Appointment  of,  through  Kellogg 190 

History  of, 277 

Connection  of,  with  forgery  of  Electoral  Certificates 276-8 

Rewarded  for  his  services 278 

CHAMBERLIN,  Daniel  H 8 

Role  of,  as  a  political  moralist  and  civil-service  reformer. . .       9 

CREDIT  MOBILIER  EXPOSURE,  the  effect  of 6-11 

CENTENNIAL  BANK,  of  Philadelphia 51 

CESSNA,  W.  K 69 

Part  of,  in  Alachua  fraud 86 

Appointment  of, 108 

CENSUS,  the,  of  Louisiana,  1875 114 

A  basis  for  frauds Ilfj 

Made  for  political  purposes 120 

CREAGH,  Pat.,  supervisor  3d  ward,  New  Orleans 119 

Services  of,  and  reward  therefor 291 

CIPHER  TELEGRAMS,  how  republicans  got  rid  of, 74 

CHILDS,  Geo.  W.,  reminiscences  of  General  Grant,  by, 24 

Statements  of,  confirmed  by  Mr.  Drexel 26 

Sent  for  by  General  Grant..    .      . 27 

Consulted  by  General  Grant  28 

Statement  of,  prepared  before  General  Grant's  death 34 

Statement  of,  about  General  Grant  being  influenced  by  un 
worthy  friends 355 

CHAILLE,  Prof.,  on  vital  statistics 122-3 

CLIFFORD,  Hon.  Nathan  C.,  president  of  Electoral  Commission.    194 

CONSPIRACY  to  defraud  the  people 23 

CONSTITUTION,  the,  violation  of 16 

Democrats  in  the  House  should  have  stood  by, ,      37 

Disqualifies  certain  persons  as  electors 39 

Unqualified  language  of, 41 

Concessions  and  prohibitions  in, 42 

No  meaningless  or  superfluous  words  in, ....    , 43 

CONKLING,  Roscoe,  senator 12 

In  accord  with  the  President ;    Held  responsible  for  the 

policy  of  the  President 28 

Carried  Electoral-commission  bill  through  the  Senate  ;   Be 
lieved  that  the  vote  of  Louisiana  rightfully  belonged  to 

Mr.  Tilden 29 

COMMITTEE,  the  House,  on  count  of  electoral  votes :   Result  of 
deliberation  of :  The  Senate,  on  electoral  count:  Reaches 

a  conclusion 36 

Bill  reported  by, 38 


INDEX.  381 

PAGE 

COOK,  Win.    A.,  sent  to  South  Carolina 53 

Chandler's  inquiry  about, , 66 

CORNELL,  A.  B 56 

COWGILL,  F.  A 69 

Visit  of,   to  Francis  C.  Barlow 96 

Declared  vote  of  Florida  did  not  belong  to  Hayes 97 

Promised  by  Hayes  an  auditorship ...  103 

Special  agency  of  Treasury  offered  to,  and  declined  by, 104 

Expected  and  claimed  reward  for  services loo 

Assured  by  Hayes  of  personal  obligations .....  103 

CONOVER,  senator  from  Florida 103 

COBURN,  John,  rewarded  for  his  services  in  Louisiana 213 

CORNOG,  A.  W.,  supervisor  Red  River  parish Il8 

COURT,  the  Supreme,  of  Florida,  mandate  of  to  state  canvassers . .  98 
COUNTY  RETURNS,  the,  of  Florida  showed  a  majority  for  Tilden 

electors 67 

State  canvassers  compelled  to  count 9^ 

COMMISSIONERS,  the,  of  elections  in  La.  reported  no  intimidation..  125 

Duties  of,  prescribed  by  law 127 

Certified  the  election  was  fair  and  free 143 

No  cases  of  intimidation  reported  by, 143-200 

Could  alone  certify  facts  about  election 200 

COLORED,  the,  population  of  New  Orleans 120 

COMPILE,   the,  technical  meaning  of, 130 

CLOVER,  F.  A.,  history  of, 283 

Made  supervisor  of  election  for  Parish  of  West  Feliciana. .  118 

Committed  forgery  and  perjury 144 

Illegally  rejected  Commissioners'  returns 152 

Altered  return 153 

Rewarded  for  his  services 

CRONIN,  E.  A 

CURTIS,  W.  E.,  statement  by,  concerning  Kellogg 222 

DARBYVILLE,  precinct  of  Baker  Co.,  Fla. , 72 

DARRALL,  Dr.  C.  B.,  testimony  of,  about  Sherman  Letter 147 

DAVIS,  G.  B. ,  history  of, 240 

Assisted  in  falsifying  returns  of  Vernon  parish  :  Rewarded 

therefor 243 

DAVIS,  David,    justice  selected  as  5th  Judge  on  Electoral  Com 
mission  :    Elected  to  U.  S.  Senate  and  declined  to  serve 

on  Commission 39 

DEMOCRATIC  LEADERS,  the,  in  Congress,  disregard  of  Mr.  Til- 
den's  advice  by,    3 

Compared  with  those  of  1800 37 

DEMOCRAT,  origin  of  the  name,   20 

DEMOCRATIC  Senators  and  Representatives,  acceptance  by  the,  of 

the  Federal  device  of  1800  a  strange  thing 3^ 

DEPARTMENT  OF  JUSTICE,  the  detectives  of,  to  report  to  Chandler.  53 

Detectives  of,  sent  to  Florida 65 


382  INDEX. 


DETECTIVES  of  Department  of  Justice  sent  to  Florida 65 

DEPEW,  Chauncey  M.,  on  General  Grant 30 

Remarks  about  Grant ''[[[   ?$6 

DENNIS,  L.  G. ,  connection  of,  with  land  schemes 69 

Boss  of  Alachua  Co.:  Connection  of,  with  Alachua  fraud ..     85 

Testimony  of,  about  E.  F.  Noyes 87 

Testimony  of.   to  Potter  committee "   IQO 

Asserted  that  Noyes  gave  assurances  of  Hayes  fidelity 101 

Introduction  of,  to  Hayes  :   Recommendation  of,  by  Hayes 
to  John  Sherman :  Recommendation  of,  by  E.  F.  Noyes.   104 

Appointment  of,  to  a  sinecure IO5 

DELEON,  Geo.  H.,  sec'y  to  Gov.  Stearns 69 

Appointment  of, '   IOg 

DENNISON,  Ex-Gov.  Ohio 228 

DELACIE,  W.  J,  services  of,  and  reward  therefor ..  297 

DISTRICT  OF  COLUMBIA  RING,  the   31 

DRIGGERS,  E.  W . .     .... . . .....       '    09 

Admissions  of,  to  Potter  committee '. .'.'.'  ]  72 

False  return  from  Baker  Co.  made  by, So 

DIBBLE,  Judge,  Louisiana "  141 

Restrains  Returning  Boards 341 

DRINKGRAVE,  J.  H.  connection  of,  with  Eliza  Pinks'ton's  affidavit     i63 

Services  of,  and  reward  therefor '295 

DRINKGRAVE,  W.  H.,  services  of,  and  reward  therefor.'.'.'.'.'. ,'         290 
DICKERSON,  Vincent,  services  of,  and  reward  therefor  207 

DORSEY,  S.  W.,  in  U.  S.  Senate  o 

DUMONT,  A.  J 

Services  of,  and  reward  therefor '..'.['.  "  206 

DURELL,  Judge,  La. ,  injunction  issued  by .  . . .' .'  741 

Midnight  order  issued  by 

Conduct  of,  characterized  by  Republican  senators  "  744. 

Infamy  of,    [  *Jj 

Orders  by,  made  Kellogg  Governor  of  Louisiana'. '.'.'.'.'.'.'.'.  348 

EAGAN,  Dennis ^ 

Appointment  of "   106 

EVARTS,  Wm.  M.,  visiting  statesman .;•'.  m 

Speech  of,  in  1875  ab°ut  use  of  troops  in  La  '  200 

Hypocrisy  of,    \\ JJg 

Defence  of  fraud,  perjury,  and  forgery  by:   His  reward..'.  211 
Knowledge  of,  about  La.  forged  electoral  certificates.  2^4 

Speech  of, 

ELECTORAL-COUNT  BILL "     j? 

ELECTORAL-COMMISSION  BILL.  .....        ." '  jq 

ELECTORAL  COMMISSION,  the  creation  of  reviewed  by  Gen'l  Grant    2< 

Gen  1  Grant,  the  originator  of 2Q 

Unjust  decision  of, Jj 

Determining  vote  of,    .' "  * " "  '  [ ' '  ^L 

Decision  of,  on  the  eligibility  of  electors ....'.'.'..'  \ '. '. .'  * .' ' '     38 


INDEX.  383 

PAGE 

ELECTORAL  COMMISSION,  Florida  case  referred  to  ..............  39 

Decision  of,  in  Florida  case;  Self-stultification  of,  .  .  .  .....  40 

Decision  of,  in  La.  case   ............................  41 

Decision  of,  respecting  Returning  Officers  in  La.:  Decision 

of,  in  the  Oregon  case  ......           .........  ,  .........  44 

Decision  of,  in  Florida  and  La.  cases  compared  with  that  in 

the  Oregon  case  ....................................  46 

Facts  in  Oregon  case  suppressed  by,  ....................  47 

Inconsistencies  of  the  decisions  of,  ....................  48 

Printed  record  of,  does  not  show  Louisiana  forged  electoral 

certificates         ....................................  196 

ELECTORS  :  eligibility  of,  examined.  .  .  ........................  42 

Republican,  disqualified,  ..............................  47 

Eligibility  of,  before  the  Commission  ....................  48 

Five  of  Republican,  ran  behind  in  La  ....................  166 

Number  of  votes  "actually  cast  "  for,  in  Louisiana  :  Average 

majorities  for,  in  Louisiana  .........................  172 

Republican,  failed  to  obey  Constitution  in  voting  for  Presi 

dent  and  Vice-President  .............................  173 

Names  of,  forged  in  Louisiana  .........................  181 

ELECTORAL  CERTIFICATES,  the,  defective,  as  made  by  Repub 

lican  electors  of  Louisiana  .............................  173 

From  Louisiana,  delivered  to  President  of  Senate..  .    .    ...  174 

Defect  in,  cannot  be  remedied  ..........................  1  76 

Preparation  for  forgery  of,  in  New  Orleans  ..............  180 

Forgery  of  names  of  Levissee  and  Joffroin  to,  ............  185 

Burlesque,  on,  .......................................  192 

ELECTORAL  COUNT,  attempt  of  filibusters  to  defeat,  .............  224 

ELECTION  LAW,  the,  of  Louisiana,  purpose  of,    ...............  114 

Prescribes  what  the  Returning  Board  shall  do  ............  127 

Of  Louisiana,  unconstitutional  .........................  199 

History  of,    ........................................  320 

Opinion  of  Senator  Edmunds  on,  .......................  325 

EDGEWORTH,  R.  B.,  .......................................  118 

Tells   how  affidavits  were  manufactured  in  New  Orleans 

custom  house  .....................................  142 

EVENING  JOURNAL,  the,  of  Albany,  New  York,  on  Grant  .....  357 

EVENING  POST,  the,  of  New  York,  on  Grant,  ................  357 

EVIDENCE  Aliunde,  decision  of  the  Electoral  Commission  on,.  .  .  40 

Admitted  to  prove  eligibility  of  Humphreys  ..............  40 

Admitted  to  prove  eligibility  of  Watts  .................  47 

ELLIS,  E.  John,  representative  from  Louisiana  .................  229 

EDMUNDS,.  Geo.  F.,  senator,  motion  of,  about  Joint  Rules  of  two 

Houses    ..............................  ............  15 

Author  of  Electoral-commission  bill   ..................  3° 

Declared  La.  Election  Law  unconstitutional  :    Voted  that 

La.  Election  Law  was  constitutional  ..................  44 


Confidential  adviser  of  Jay  Gould 
Use  of  Jay  Gould's  private  wire  by 


384  INDEX. 

PAGE 

EDMUNDS,  Geo.  F.,  speech  of,  on  La.  Election  Law 325 

Held  Returning  Board  of  La.  to  be  in  conflict  with  Consti 
tution  of  that  State 199 

FRAUD,  the  Great, 10 

Gen'l  Grant  and, 34 

Beneficiaries  of  the,  reward  of  the  perpetrators  thereof. ...  23 

FRAUDS,  the :   Registration  in  New  Orleans 120 

Registration  in  State  of  La 122 

New  Orleans  post-office 149 

^FEDERAL  GOVERNMENT,  the,  vast  machinery  of, 14 

FEDERAL  PARTY,  the,  device  of,  in  1800 19 

FEDERALISTS,  the,  threats  of,  to  defeat  Jefferson  in  1800 34 

FERGUSON,  C.  L 118 

Forgery  by, 144 

Alteration  of  election  returns  by,  in  N.  O.  post-office 150 

Services  of,  and  reward  therefor 280 

FERRY,  Mr.,  President  of  the  Senate 175 

Illegal  act  of, 176 

Suggested  commission  of  a  crime 178 

FISH,  Hamilton, 27 

Opinion  of,  about  Grant 3° 

Remarks  on  Grant 355' 

FIFTH  AVENUE   HOTEL 49 

FIRST  NATIONAL  BANK  OF  NEW  YORK,  history  of, 205 

FILIBUSTERS,  the  :   History  of  attempt  to  defeat  electoral  count. .  224 

Defeat  of, 231 

FLORIDA,  Gen'l  Grant  thought  vote  of,  doubtful 25 

Troops  ordered  to, 32 

Mr.  Barlow  thought  Tilden  carried,. 33 

Democratic  electors  of,  had  a  clear  majority 47 

W.  E.  Chandler  to  assume  charge  of  work  in, 51 

Situation  in,  different  from  that  in  Louisiana 55 

State  canvassers  of,   had  no  judicial  power 54 

FLORIDA  CASE,  the,  referred  to  Electoral  Commission 39 

What  has  been  shown  concerning, 299 

FORCE  BILL,  the, 12 

Killed, 13 

Purpose  of, 18 

FOREIGN,  the,  population  of  New  Orleans 120 

FORMS,  the,  of  law,  violated  by  Returning  Board  of  Louisiana, .  .  138 

FORGED  ELECTORAL  CERTIFICATES 177 

Connection  of  Thos.  Anderson  with :  Mr.   Ferry's  knowl 
edge  of, 1 78 

Connection  of  Kellogg  with :  Connection  of  H.  Conquest 

Clark  with,    1 79 

Testimony  of  Sheldon  about, 182 

Names  of  Levissee  and  Joffroin  to,  forged :  Testimony  of 

Thos.  S.  Kelly,  about 185 


INDEX.  385 


PAGE 

FORGED  ELECTORAL  CERTIFICATES,  secret  of,  preserved 190 

Knowledge  by  Morton  and  Chandler  of, 192 

Copy  of,  not  in  printed  record  of  Electoral  Commission 196 

FOSTER,  Charles,  pledges  of,  to  representatives  of  Nichols 228 

Anxiety  of,  to  defeat  filibustering 231 

GAG-RULE,  attempt  to  adopt  in  House  of  Representatives 12 

GLADSTONE,   Mr.,  and  gag-rule • •  •  •      13 

GARDINER,    Samuel,   presence  of,    in  New   Orleans  post-office, 

Nov.  24,  1876 I5I 

GARFIELD,  James  A.,  visiting  statesman 137 

Supervision  by,  of  preparation  of  affidavits  in  New  Orleans 
custom  house  :  Testimony  of,  about,  manufacture  of  affi 
davits  H° 

Remark  of,  to  Dr.  Darrall v    Hi 

Part  of,  in  Louisiana  frauds  :  Testimony  of,  at  Atlantic 
City  :  Averment  of  Jewett  concerning :  Elected  to  the 
U.  S.  Senate :  Election  of,  to  Presidency  secured  by  use 

of  money 2O° 

GAUDIAS,  Victor,  supervisor  of  registration  St.  Tammany  parish.   1 19 

GRANT,  U.  S.,  President i° 

Third  term  for, -.••••      I2 

Personal  belief  of,  that  Mr.  Tilden  was  elected :  Convinced 

that  the  vote  of  Louisiana  belonged  to  Mr.  Tilden 24 

Remark  of,  on  the  morning  after  the  election  :  Significance 

of  the  views  of, 25 

Expected   that   final   judgment   of    Electoral   Commission 

would  be  in  favor  of  Mr.  Tilden 2D 

Confers  with  Abram  S.   Hewitt :  Sent  for  Mr.    Childs  to 

come  to  Washington    27 

Conference  with  Mr.  Childs  about  electoral  count 25 

Conference  with  Senator  Conkling  :   Explanation  of  cause 

of  unbounded  ascendency  of  friends  over, 29 

Parasites   around :     Personal   convictions   of,    smothered : 

Weakness  and  susceptibility  of,  to  influence         3° 

Reluctant  to  disappoint  his  political  friends  :  Fond  of  atten 
tion  and  flattery :  Confidence  of,  shamefully  abused  in 

whiskey  frauds  :   Reputation  of,  nearly  smirched 31 

His  confidence  in  Geo.  M.   Robeson  ;  Approved  sending 
troops  to  Florida  by  Cameron  :  Dispatches  of,  to  General 
Sherman  :  Visiting  statesmen  betrayed  confidence  of. .  .       32 
Requested  Wm.  E.  Chandler  to  remain  in   Florida :  Did 
not  commend  conduct  of  Francis  C.  Barlow:   Did   not 
send    report  of    General    Barlow   to  the   Senate;     Did 
send  report  of  Sherman  about   Louisiana  election  to  the 
Senate  :    Troops  ordered  to  Washington,  ordered  by, ...     33 
Acts  of,  must  speak  for  themselves  :  Death  of:   Statement 

of  Mr.  Childs  about :  Zeal  of  friends  of, 34 

Republican  leaders  compelled  to  accept  dictum  of, 4*> 

25 


386  INDEX. 


GRANT,  U.  S.,  Importance  to  Republican  leaders  to  have  support 
of :  Presence  of,  in  Philadelphia,  day  after  the  election  ; 

Influence  of  Secretary  of  War,  with, cc 

Desire  of  Republican  leaders  in  New  York  to  communicate 
with  :    Communication  with,   over   Jay  Gould's  private 

wire:  Influence  of  Senator  Edmunds  with, 56 

Dispatches  of,  to  General  Sherman eg 

Tone  of  dispatches  of,   confirmatory  of  Mr.  Childs'  state-     ' 

ment ^ 

Intent  of  orders  of, 6j 

Card  of,  to  J.  H.   Maddox 220 

Fac-simile  of  card  to  Maddox 360 

Experience  of,  with  Louisiana  carpet-baggers  :   Believed  J. 

Madison  Wells  to  be  a  scoundrel 308 

Ready  to  condemn  excesses  of  carpet-baggers 309 

Complaint  of  Warmoth  to :    Testimony  of  Judge  Dibble 

about 332 

Inthralment  of,  by  unworthy  friends '355-9 

GRANT  PARISH,   LA.,  attempt  to  prevent  legal  election  in,. ..'....    116 

GRANT,  F.  M.,  reluctance  of,  to  make  affidavit 118  and  144 

GRADY,  M.  J.,  reluctance  of,  to  make  affidavit 118  and  144 

Connection  of,  with  Pinkston's  affidavit 163 

Services  of,  and  reward  therefor 285 

GEORGIA '  # 

GLEASON,  W.  H 69 

GREELEY,  Horace     IOo 

GREEN,  W.   H.,  clerk  of  Returning  Board  .'..    ........    ...... .  243 

Appointed  clerk  in  New  Orleans  custom  house 244 

GREAT  FRAUD,  the,  most  disgusting  feature  of. 299 

GIBSON,  A.  M.,  letter  to,  from  A.  K.  McClure 25 

GIBSON,  Randall,  representative  from  Louisiana 229 

GOULD,  Jay,  use  of  private  wire  of,    ^5 

Interest  of,  in  Stanley  Mathews 207 

GOVIN,  Manuel         ^l. ..........     69 

Services  of, 83 

Appointment  of, _  _  IOo 

GORDON,  J.  B.,  senator  from.  Georgia ' '  229 

GUNNELL,  surgeon-general,  on  General  Grant 30 

Remarks  of 357 

GRUNDY,  Felix,  on  eligibility  of  electors ".  ." .' ." ." .' .' .' ."  *]*]..     43 

HAMILTON,  Alexander  :  Bold  and  illegal  design  of, . .  20 

HAMILTON  COUNTY,  Florida \\   [  S2 

HAHN,  Michael,  state  registrar  of  Louisiana lie 

Returns  addressed  to, ...    "  l  jo 

Character  of, '.'.'.'.'.  269 

Appointment  of, 27o 

History  of, |[    '  ,j , 

HALE.  Eugene,  visiting  statesman 213 


INDEX.  387 

PAGE 

HARDY,  W.  R.,  services  of,  and  reward  therefor 280 

HARLAN,  Jno.  M.,  services  of,  in  New  Orleans . .  212 

Reward  of, 2I3 

Relations  of,  to  Jim.  Anderson 3°° 

HAYES,  R.  B.,  plan  to  count  in, 27 

Every  disputed  vote  needed  to  elect, 41 

Votes  figured  for, 5° 

Desperate  measures  to  bring  in, 52 

Interview   with,  published:    Opinion  of,  that  Tilden  was 

elected  :   Hypocritical  utterances  of,  about  negroes 54 

Cipher  telegram  to  private  secretary  of, 64 

Distrust  of,  by  carpet-baggers r 

Promises  of,  to  Cowgill :  Admissions  of,  to  Cowgill i°3 

Letter  of,  recommending  L.  G.  Dennis ....    IO4 

Letter  to,  from  John  Sherman I 

Personal  friends  of,  encourage  frauds J99 

Advised  of  Wormley's  hotel  conference 231 

Letter  of  Cassannave  to, 239 

Fear  of,  being  exposed 3°3 

HAWLEY,  Joseph  R. ,  reward  of,  for  services 2I3 

HANCOCK,  General  W.  S.,  administration  of,  in  New  Orleans 3*7 

HENDRICKS,  Thos.  A.,  elected  Vice-President l 

The  people's  choice, 22 

HERRON,  secretary  of  state,  Louisiana 34° 

HENDERSON,  Win.  T - °5 

Services  of, 3 

Retention  of,  in  office 

HEWITT,  Abram  S.,  conference  of,  with  General  Grant 27 

Appointment  of,  on  House  committee   35 

Visit  of,  to  President  of  Senate:  Statement  of,  about  return 

from  Vermont 226 

HEARSEY,  A.  M.  C. ,  conduct  of I25 

HEATH,  Fred.  E ••••   *49 

HILL,  Charles,  visit  of,  to  Washington ;  Letter  to  Kellogg  from 
Zach.  Chandler,  by :  Letter  to  Kellogg  from  John  Sher 
man  by, l84 

Clerk  of  Returning  Board:  Testimony  of,  to  Potter  commit 
tee  244 

Appointed  in  New  Orleans  custom  house 245 

HILL,  Joshua,  senator,  report  of,  on  Louisiana  election 33° 

HOAR,  Geo.,  F.,  appointment  of,  on  House  committee 3° 

Report  of,  to  HOUSE  in  1875:  Vote  of,  as  member  of  Elec 
toral  Commission 44 

Defence  of, .    4» 

Author  of  report  on  Louisiana  election 3.S° 

HOPKINS,  H.  Clay,  sent  to  Florida   65 

Retention  of,  in  office l  IO 

HOUSE  OF  REPRESENTATIVES,  gag-rule  in,  attempted 12 

Election  of  a  majority  of  democrats  to, T3 


388  INDEX. 

PAGE 

HOUSE  OF  REPRESENTATIVES,  committee  of,  on  electoral  count..  35 

Democratic  majority  of,  should  have  stood  by  Constitution.  37 

Committee  of,  on  Powers  and  Privileges  of, 38 

HOWARD,  R.  C 119 

Services  of,  and  reward  therefor 292 

HOWELL,  Rufus  K  3H 

"  J.  W 69 

Services  of, "I 

Appointment  of, IQ6 

HUMPHRIES,  Fred.  C.,  ^eligibility  of,  as  an  elector. 39 

Opinion  of  Electoral  Commission  on  the  eligibility  of, 40 

Appointment  of, IOD 

HUNTON,  Eppa 35 

HUTTON,  T.  H n8 

Committed  crime  of  forgery 143 

Alteration  of  election  returns  by, .. .  15  * 

HUTCHINSON,  Elias  S.,  testimony  of,  concerning  Geo.  Bliss 261 

"INDEPENDENT, "  The  New  York,  on  Grant 30 

INTIMIDATION,  stories  of.  invented  for  a  purpose 9 

Solitary  case  of,  reported, ....  125 

JACKSON  vs.  Luedling,  judgment  of  U.  S.  C.  in, 246 

JASPER  PRECINCT,  Fla.,  evidence  about,       83 

JAY,  John,  Gov.  of  New  York         20 

JEFFERSON,  Thomas 20 

Followers  of,  nick-named  democrats 20 

Attempt  of  Federalists  to  count  out 34 

JEWETT,  D.  J.  M.  A US 

Statement  of,  concerning  purpose  of  Republican  leaders  in 

Louisiana  :  Plan  advocated  by, 11$ 

Advice  of,  to  D.  A.  Ward 1 16 

Instructions  of,  to  supervisors  of  registration 124 

Testimony  of,  to  Potter  committee : 136 

Information  of,  about  visiting  statesmen 144 

Statement  of,  about  what  occurred  in  N.  O.  post-office 149 

Testimony  of,  about  Republican  electors  running  behind  : 

Conspiracy  charged  by, 166 

Testimony  of,  about  Kelley 168 

Hint  given  by,  of  forgery  of  electoral  certificates 190 

Statement  of,  about  Gar  field 208 

Disappearance  of  letter  of,  from  file  of  Treasury  department  271 

Statement  of,  about  election  in  Louisiana  in  1876 361 

JOFFROIN,  Oscar,  Republican  elector  of -Louisiana 181 

Absence  of,  from  New  Orleans 182 

Forgery  of  name  of, 185 

JOHNSVILLE  PRECINCT  of  Florida  72 

JOHNSON,  J.  J.,  services  of,  and  reward  therefor, 297 

JOIE,  Aristidie,  services^  of,   and  reward  therefor 297 


INDEX.  389 

PAGE 

JONES,  Geo.  W.,  letter  to,  from  Justice  Strong 34 

ONES,  Milton,   services  of,  and  reward  therefor 297 

OSEPH,   Peter,   Republican  elector,  Louisiana 43 

Reward  of, 263 

JOSEPH,  Phillip,  a  fugitive  from  justice 118 

JUSTICE,  administration  of,  under  carpet-bag  rule 1 1 

JUSTICES,  selection  of  four,  in  the  Electoral-commission  bill 38 


KASSON,  Jno.  A.,  sent  to  Florida  from  New  Orleans 65 

Services  of,  in  Florida;  Appointment  of,    Minister  to  Aus 
tria 112 

Arrival  of,   in  New  Orleans 137 

KELLOGG,  \Vm.    Pitt,  the  Jonathan  Wild  of  Louisiana  politics ...  8 

In  the  Senate  of  the  United  States 9 

Overthrow  of  government  of,  in  Louisiana 13 

De  facto  governor  of  Louisiana 43 

Cipher  telegrams  of, 75 

What  the  telegrams  of,  prove, 76 

Control  of  election  machinery  by, 114 

Appointments  by 115 

Devious  course  of, 1 16 

Commissions  in  blank  issued  by, Il8 

Price  paid  by,  for  seat  in  United  States  Senate 167 

Drafted  affidavit  for  J.  Y.  Kelley 169 

Coaxed  Kelley  to  make  affidavit 1 70 

Certificate  of  electoral  certificates  by 174 

Admission  of,  about  Anderson 1 75 

Claim  of,  about  absence  of  Levissee  and  Joffroin. :   Claimed 

that  he  had  sent  for  Levissee  and  Joftroin 182 

Letter  of,  to  Zach.  Chandler ...  184 

Knowledge  of,  of  the  forgeries  of  Levissee's  and  Joffroin's 

names 185 

Contest  of,  with  Henry  M.  Spofford 189 

Provision  made  by,  for  Kelley 189 

Trusted  Clark  implicitly 190 

Testimony  of,  to  Potter  committee 191 

Admission  of,  to  Senator  Morton 192 

Money  raised  by,  in  New  Orleans 222 

Character  of, 249 

Connection  of,  with  forgery  of  records  in  Louisiana 250 

Connection  of,  with  forgery  of  Louisiana  certificates 251 

Knew  the  signatures  of  Levissee  and  Joffroin  were  forged. .  252 

Hint  given  by,  to  Senator  Morton 254 

Instigation  of  forgery  by,    257 

Silence  of  Thos.  S.  Kelley  procured  by, 258 

Purchase  of  senatorship  by, 259 

Discovery  of  bribe-taking  by, 260 

Indictment  of,  prevented  by  Geo.  Bliss 261 


390  INDEX. 

PAGE 

KELLOGG,  Wm.  Pitt,  indictment  of,  finally  secured :  Escape  of,  by 

pleading  statute  of  limitations 262 

Bought  34  members  Louisiana  legislature 297 

Nomination  of,  for  governor 337 

Application  of,  to  Judge  Durell  for  injunction 341 

Counted  in  as  governor ....  346 

Overthrow  of  government  of, 348 

Use  of  U.  S.  troops  by 353 

Conduct  of,  denounced  by  Wm.  M.  Evarts  :  Government  of, 

maintained  by  U.  S.  troops 354 

KELLEY,  J.  F : 118 

Refusal  of,  to  make  affidavit 144 

Testimony  of  Jewett  about, 168 

Testimony  of,  about  affidavit 169 

Affidavit  of,  altered 170 

KELLEY,  Thos.  S.,  negro  messenger  of  Kellogg, 181 

Letter  of,  to  Clarkson  N.  Potter :  Brought  to  Washington 

by  Kellogg 186 

Money  paid  to,  by  Kellogg :   Put  in  office  by  Kellogg 187 

Testimony  of,  to  Potter  committee 188 

Account  by,  of  the  forgery  of  the  electoral  certificates 292 

Rewarded  for  his  services, .  293 

KELLEY,  W.  D.,  visiting  statesman 137 

Testimony  of,  to  Potter  committee 141 

Control  of  patronage  by, 213 

KENNER,  Duncan  F.,  testimony  of,    222 

KENNER,  Louis  M.,  member  Louisiana  Returning  Board 155 

Indicted  for  petty  larceny 156 

Rewarded  for  his  services 237 

KEMPTOX,  A    W 125 

Services  of,  and  reward 290 

KENCHER,  A.  W 119 

KENTUCKY,  the  State  of 7 

KEY  WEST,  Fla.,  precinct  of,  rejected, 83 

KIMBALL,  H.  S. ,  testimony  of, 329 

LAMAR,  L.  Q.  C 229 

Letter  of,  to  E.  John  Ellis 229 

LAW,  the  election,  Louisiana 127 

LEDGER,  the  public,  of  Philadelphia 24 

Publication  in,  referred  to    26 

On  General  Grant ; 30 

LEE,  A.  E.,  private  secretary  of  R.  B.  Hayes   64 

LEON,  Thos.,  services  of,  and  reward 291 

LETTER,  the,  of  instructions  to  supervisors 124 

Of  Republican  visiting  statesmen 137 

Copy  of,  alleged  from  "Sherman  to  Anderson 146 

LEVISSEE,  A.  B.,  disqualified  Hayes  elector 43 

Republican  elector  of  Louisiana.  .                                            .  181 


INDEX.  391 

PAGE 

LEVISSEE,  A.  B.,  forgery  of  name  of,  to  electoral  certificate 185 

Appointment  of,  to  office 264 

LEVIE,  Thos 119 

LEVEY,  W.  M.,  representative  from  Louisiana 231 

LEWIS,  James,  police  commissioner  of  New  Orleans 272 

Services  of,  and  reward  therefor 273 

LINCOLN,  President,  his  plan  of  reconstruction 14 

Approves  the  22d  joint  rule  of  the  two  houses  of  Congress .     15 
Plan  of,  for  reconstructing  governments  of  Southern  States.  310 

Speech  of, 311 

Thought  suffrage  should  be  gradually  given  to  negroes 312 

Policy  of,  opposed  by  radicals 313 

LITTLE,  John,  sent  to  Florida 65 

LOAN,  W.  F.,  supervisor  of  registration  I5th  Ward  N.  O 119 

Services  of,  and  reward 291 

LOGAN,  John  A.,  visiting  statesman 137 

On  General  Grant 30 

Remarks  on  General  Grant   356 

LOUISIANA,  false  counts  in  :   Disfranchised  people  of, 7 

Kellogg  government  in,  overthrown 13 

General  Grant  familiar  with  chief  actors  in 24 

General  Grant  convinced  that  electoral  vote  of,  belonged  to 

Mr.  Tilden 24 

General  Grant  and  vote  of, 25 

Vote  of,  rightfully  belonged  to  Mr.  Tilden :    Senator  Conk- 
ling  believed  vote  of,  rightfully  belonged  to  Mr.  Tilden.  .     27 

Frauds  in,  justified  by  John  Sherman ...     33 

Decision  of  F.lectoral  Commission  in  case  of, 41 

Law  creating  Returning  Board  in  conflict  with  constitution 

of,    . 44 

Ruling  of  Electoral  Commission  in  case  of, 45 

Democratic  electors  had  clear  majority  of  voters  of, 47 

Telegram  to  governor  of, 5° 

Troops  ordered  to,      5° 

Visiting  statesmen  invited  to  go  to, 59 

Preparation  for  frauds  in,  by  republicans 114 

Election  in,  in  1876 peaceable.. H5 

What  has  been  demonstrated  concerning 299 

Review  of  politics  of, 3IQ 

Provisional  government  of :  J.  Madison  Wells,   Gov.  of, .  .   314 

Attempt  to  amend  constitution  of, 3*5 

Election  of  1870  in  :   Reports  on,  by  Senate  committee. . .  .   338 

Election  of  1870  in,  result  in  favor  of  democrats 339 

Lynch  Returning  Board  of  :    Hatch  Returning  Board  of, . .   340 

Election  of  1874  in, 349 

Investigation  of  election  of  1874  in,  by  House  of  Repre 
sentatives         35° 

LUEDLTNG,  John,  chief  justice  of  Louisiana 245 


392  INDEX. 


McLix,  Samuel  B.,  expectation  of,   and  claim  of  reward  for  ser 
vices  in  Florida Ioo 

Testimony  of,  concerning  influences,  which  controlled  his 
action  as  a  state  canvasser :  Declaration  of,  that  E.  F. 

Noyes  promised  reward IO2 

Promises  made  to,  by  Gen.  Lew  Wallace  on  behalf  oif 
Hayes  :  Statements  made  to,  by  W.  E.  Chandler :  Care 
to  be  taken  of:  Appointment  of,  to  be  chief  justice  of 
New  Mexico  :  Confirmation  of  appointment  of,  defeated.  103 

McMiLLAN,  W.  L.,  services  of,  and  reward  of,    274 

McGLOIN,  one  of  Democratic  counsel  in  Louisiana 157 

Detection  by,  of  De  Soto  fraud !  rg 

McCLURE,  Col.  A.  K.,  editor  of  the  Times  of  Philadelphia,  con-     ' 
firmation  by,  of  statements  of  Geo.   W.  Childs :   Letter 

of,  to  A.  M.  Gibson   . .   25 

McARDLE,  James  P.,  chief  clerk  of  state  registrar 115 

Services  of,  and  reward  of, .        .  270 

McCREARY,  George  W.,  appointment  of,  on  committee 35 

Bill  prepared  by:    Agreement  on  bill  of,   by  House  com-    % 

mittee :   Bill  of,  submitted  to  Mr.  Tilden 36 

McExRY,  John,  nomination  of,  by  people's  party  of  Louisiana. ..  337 

Election  of,  governor, ...  '/.'  339 

MADDOX,  J.   H.,  appointment  of,  as  special  agent  of  Treasury  de 
partment  :   Letters  to,  from  W.  B.  Moore 216 

Letters  to,  from  J.  Madison  Wells 217 

Card  from  General  Grant  to,  .   220 

Visit  of,  to  Zach.  Chandler:  Interview  of,  with  Don 
Cameron  :  Authorized  by  Wells  to  sell  the  vote  of  Louisi 
ana:  Relations  of,  to  Col.  John  T.  Picket:  Telegraphic 

correspondence  of,   with  Wells  221 

MALOXEY,  P.  J.,    services  of,  and  reward  therefor 270 

MAXATEE  COUNTY,    Fla.,   entire  vote  of,  rejected '.'.     82 

Voters  of,  not  registered         .  .  .  .        84 

MANDAMUS,  by  Supreme  Court  of  Florida  to  state  canvassers! '. '. .     98 

MANAGERS,  the  Republican,  in  Louisiana,  testimony  of, 135 

MARKS,   Morris,  Republican  elector  of  Louisiana ".       43 

Character  of "  263 

Perjury  by ' '  "\  '    jg3 

Sent  for  by  H.  Conquest  Clark \\    182 

Reward  of,  how  secured '  26^ 

MARSHALL,  John 22 

MARTIAL  LAW,  in  effect  declared  in  South  Carolina 18 

MARTIX,   M.,  services  of,  in  Florida  and  reward  of 109 

MATHEWS,   Stanley,  presence  of,   needed  in  Florida  by  W    E 

Chandler    '     64 

Arrival  of,  in  New  Orleans .'.'........  137 

Cooperation  of,  with  Kellogg j^o 

Exertions  of,  to  secure  something  for  Jas.  E.  Anderson.  .  .    147 


INDEX.  393 

PAGE 

MATHEWS,   Stanley,  correspondence  of,  with  Jas.  E.  Anderson  : 
Defense  of,  by  Hon.   Henry  Watterson  :   Accepted  charge 

of  Nash- Anderson  agreement, 148 

Relations  of,  to  R.  B.  Hayes 205 

Letter  of,   to  S.  B.  Packard 206 

Custodian  of  the  Nash- Anderson  agreement :   Election  of, 

to  U.  S.   Senate  :  Made  justice  of  U.  S.  Supreme  Court.  207 

Pledges  of,  to  representatives  of  Nichols    228 

Agreement  of,  that  Hayes  should  recognize  Nichols'  gov 
ernment  - •    •  •  •  229 

Relations  of,  to  Jas.  E.  Anderson 303 

Watterson's  defense  of,    307 

Interest  of,  in  Jas.  E.  Anderson 308 

MAXWELL,  E.  W.,   sent  to  Florida 65 

MEMBERS  OF  CONGRESS,  the  Democratic,  timidity  of,  in  1876. . .  34 

MERRICK,   Hon.  R.  T.,  indictment  of  Kellogg  secured  by, 261 

MILLER,   Mr.,  justice,  admissions  made  by, 48 

MILLS,  George  D.,   services  of,  and  reward  of, no 

MILITARY  FORCE,  ordered  to  Washington  :  Purpose  to  intimidate 

representatives  of  the  people 33 

MISSOURI,  disappearance  of  alien  government  in, 8 

MISSISSIPPI,  disappearance  of  alien  government  in, 

MITCHELL,  Amy,  testimony  of,   about  affidavit, 14° 

Affidavit  of,  draughted  by  Jas.  A.  Garfield  :   Made  to  say 
what  she  did :   Husband  of,  killed  —  did  not  know  who 

killed  him 141 

MONROE  COUNTY,  Florida,  polls  of,  rejected, 83 

MOORE,  \V.  J,  supervisor  of  registration,  7th  ward,  New  Orleans  119 

Places  held  by,  in  New  Orleans  custom  house 290 

MOORE,  W.  B.,  letters  of,  to  J.  H.  Maddox 216 

MORTON,  Oliver  P.,  senator, 12 

Report  of,  on  Electoral-count  bills 14 

Partisan  character  of  bills  of, 16 

Drives  Electoral-count  bill  through  Senate  :  Provisions  of 
Electoral-count  bill :  Change  of  front  by  :  A  representative 

of  desperate  men 23 

Opposition  of,   to  Electoral-commission  bill 29 

Maintains  that  President  of  the  Senate  has  power  to  count 

electoral  votes 35 

Appointment  of,  on  committee  to  prepare  for  counting  elec 
toral  votes • .  •  36 

Information  given  to,  by  Kellogg  about  forgery  of  Louisi 
ana  electoral  certificates I91 

Motion  of,  to  Electoral  Commission  to  count  electoral  votes 

of  Louisiana J95 

Knowledge  of,  when  motion  was  made 196 

Information  received  by,  from  Kellogg   254 

Report  of,  on  Louisiana  election  of  1872 339 

MORTON,  Alfred,  post-office  inspector,  sent  to  Florida 65 


394  INDEX. 


MORTON,  Alfred,  services  of,  in  Florida m 

MORROW,  John  T.,  supervisor  of  registration,  Webster  parish.. .  118 

Alteration  of  election  returns  by,  in  New  Orleans  post-office  151 

MOSES,  Frank,  governor  of  South  Carolina,  career  of, 8 

NASH.  C.  E.,  agreement  of,  with  Jas.  E.  Anderson 148 

NEGROES,  the  stories  of  the  intimidation  of, p 

Marshalled  to  the  New  Orleans  custom  house .' . .'    142 

How,  were  interrogated  at  the  New  Orleans  custom  house.   143 

NEW  JERSEY,  fourth  Presidential  election  in 10. 

NEW  YORK,  fourth  Presidential  election  in, 10. 

Scheme  by  the  Federalists  for, .' 20 

NEW  ORLEANS,  foreign  population  of :  Negro  population  of:  For 
eign  voters  of :  White  native  population  of :  White  voters  of,  120 

Fraudulent  negro  voters  registered  in, 123 

Character  of  population  of, 31  r 

Riot  in, ..'."316 

NESSUS,  a  shirt  of,  to  the  participants  in  the  electoral  crime 34 

NEVADA,  dispatches  from   5 1 

NOLAN,   Thos.   H.,  description  by,  of  making  affidavits  in  New 

Orleans  custom  house 142 

NORTON,  George  A.,  services  of,  and  reward  of, '.  296 

NORTH  CAROLINA,  disappearance  of  alien  government  in, 8 

NOYES,  Edward  F.,  sent  to  Florida  by  Hayes ' 65 

Connection  of,  with  the  Alachua  fraud ..[[     87 

Testimony  of  L   G.  Dennis  concerning 87-8 

Jocose  on  subject  of  perjury 88 

Assignment  of,  to  conduct  of  defense  of  Alachua  fraud! .' .' .'  100 
Assurances  by,  that  Hayes  would  stand  by  carpet-baggers.  101 
Letter  of,  to  John  Sherman  recommending  L.  G.  Dennis. .  104 

Recommendation  by,  of  Jos.  Bowes '    108 

Appointed  minister  to  France 1 12 

NUMBER    the,  of  white  voters  disfranchised  in  New  Orleans. . .  '.'.   121 

ODELL,  W.  H.,  elector  of  Oregon 46 

OREGON,  General  Grant  on  the  vote  of, [  25 

Electoral  Commission  and, 44 

Inconsistencies  of  Electoral  Commission  in  case  of^ 45 

Florida  and  Louisiana  cases  compared  with  case  oi, 46 

Law  of,  misstated  by  Electoral  Commission 47 

ORDERS  of  the  secretary  of  war  to  General  Sherman '  57 

OFFICES  of  trust  or  profit  under  the  U.  S.,  prohibition  of  the  Con-  ' 

stitution  respecting, 42 

PACKARD,  S.  B.,  letter  of  Stanley  Mathews  to, 206 

Candidate  for  governor  of  Louisiana 266 

Abandonment  of,  by  Hayes:    Appointment  of,    consul   to 

Liverpool 26S 

Abandonment  of,  a  confession  that  Hayes  was  not  entitled 
to  vote  of  Louisiana     301 


INDEX.  395 

PAGE 

PACKARD,  S.  B.f  Warmoth  on, 328 

Convention  packed  against  Warmoth  by, 332 

Abuse  of  U.  S.  marshal's  office  by  :  Attempt  of,  to  break  up 

Warmoth's  legislature 33 

PARKER,  Courtlandt,  visiting  statesman       141 

PATTERSON,  John  J.,  the  Jonathan  Wild  of  South  Carolina  carpet 
bag  politics   8 

In  the  Senate  of  the  United  States 9 

PAYNE,  H.  B 35 

PHELPS,  Wm.  Walter,  report  by,  on  Louisiana  election  of  1874. .  351 

Held  action  of  Louisiana  Returning  Board  was  illegal 352 

PENN,  D.  B.,  nomination  of,  by  people's  party 337 

PENNSYLVANIA,  fourth  Presidential  election  in, 19 

General  election  law  of:  Scheme  of  the  Federalists  in, 20 

PEOPLE,  the,  will  of,  to  be  defied 13 

Disregard  of  will  of,  by  Republican  politicians 22 

PERJURIES,  those  guilty  of,  rewarded   23 

In  connection  with  Florida  frauds 85 

Knowledge  of,  by  E.  F.  Noyes 88 

Subornation  of,    100 

Systematic, 183 

PRESIDENT,  the,  proclamation  by, .  ^ 18 

His  support  necessary  to  the   success  of  the   Republican 

conspirators 24 

Electoral  votes  for,  how  shall  be  cast 173 

Electoral  votes  for,  how  shall  be  returned 174 

PRESIDENT  ELECT,  the,  not  consulted 36 

PRESIDENT  OF  THE  SENATE,  the,  and  Senator  Morton's  bill 23 

Republican  leaders  assert  power  of,  to  count  electoral  votes.     24 

Assumption  of  power  by,  to  have  been  sustained 27 

Senator  Morton   claimed  supreme  power  of,   in  counting 

electoral  votes 35 

PRESS,  the,  of  Philadelphia,  on  General  Grant 30 

PICKET,  Colonel  John  T.,  proposal  through,  for  sale  of  vote  of  La.: 

Rejection  of,  by  Hon.  A.  S.  Hewitt 221 

PINCHBACK,  P.  B.  S.,  elected  lieutenant-governor  of  Louisiana. ..  333 

Made  governor  by  impeachment  of  Warmoth 346 

Telegrams  of,  to  attorney- general ;  Telegram  to,  from  At 
torney-general  Williams 347 

PINKSTON,  Eliza,  character  of, 160-4 

Improbable  story  of,    161 

Object  of  testimony  of,    162 

Story  of,  proved  false :  Two  affidavits  by :   One  affidavit  of, 

suppressed  :   Parties  to  suppression  of  first  affidavit  by, .  .    163 
Cowardly  conduct  of  those  who  professed  to  believe  evi 
dence  of :  Character  of,  delineated  by  Congressional  com 
mittee   164 

PlTKiN,  J.  R.  G.,  U,  S.  marshal 121 

Removal  of,  by  Hayes 274 


396  INDEX. 

PAGE 

PRICE,  Colonel  J.  B.,  mail  contractor,  bribed  Kellogg 260 

POLITICAL  ADVENTURERS,  debasing  influence  of,  not  confined  to 

the  South 9 

POTTER,  Clarkson  N.,  letter  of  Thos.  S.  Kelley  to, 186 

POST-OFFICE  DEPARTMENT,  agents  of,  sent  to  Florida 65 

PULCHER,  J.  G-,  supervisor  of  registration  6th  Ward,  N.  O 119 

RANDALL,  Samuel  J  ,  secures  defeat  of  gag-rule 12 

Memorable  struggle  led  by, 13 

RANSOM,  Mat.  H.,  senator  from  North  Carolina 36 

RAY,  John,  history  of, 245 

Attempt  by,  to  steal  a  railroad 246 

Warmoth  on, 328 

RECOGNITION  pledged 141 

RE-CANVASS,  the,  of  votes  in  Florida 99 

REGISTRATION,  the,  of  white  men  in  New  Orleans 119 

Lists  of,  in  New  Orleans 121 

Frauds,  Republican,  in  New  Orleans 119 

Frauds,  Republican,  in  State 122 

REGISTRATION  LAW,  the,  history  of 321 

REPUBLICAN  LEADERS,  the,  people  began  to  lose  faith  in, n 

In  Congress,  anticipated  defeat  of  their  party  in   1875 17 

Instigated  Returning  Board  frauds  :  And  the  electoral  con 
spiracy  23 

Purposes  of, 24 

Depended  on  acquiescence  in  their  scheme  by  Gen.  Grant.     26 

Plan  of,  to  count  in  Hayes 27 

In  Louisiana,  determined  to  prevent  legal  elections  in  cer 
tain  parishes 115 

REPUBLICAN  PARTY,  the,  enormity  of  its  Southern  policy, 1 1 

Waterloo  of,    49 

RETURNING  BOARD  of  Florida,  Louisiana,  and  South  Carolina. . .     17 

Flagrant  disregard  of  election  laws  by, 23 

Action  of,  in  the  Florida  case ..... 39 

Law  creating  the,  of  Louisiana  held  by  Senator  Edmunds  to 

be  unconstitutional   44 

Conduct  of  the,  of  Louisiana  reported  by  Geo.  F.  Hoar. ...     49 

Fraudulent  counting  to  be  done  by, 61 

Kellogg's  knowledge  of  contemplated  action  of, 77 

Method  of  canvassing  by,  prescribed 127 

Process  of,  in  canvassing   129 

Method  of,  obtaining  jurisdiction. . .  .....    130 

Must  canvass  by  polls 131 

Character  of  members  of, 155 

Purpose  of.  rules  of 157 

Open  sessions  of,  a  farce 159 

The  canvass  by,  of  parishes  illegal 157 

Stretched  the  opening  of  returns  over  ten  days  :  Began  Dec. 
3d  to  figure  out  Republican  majority 165 


INDEX.  397 

PAGE 

RETURNING  BOARD,  undertaking  of,  difficult 166 

Number  of  Democratic  electors  disfranchised  hy, 172 

Result  of  manipulations  by.  announced   173 

Powers  conferred  on,  by  election  law;  Certain  forms  neces 
sary  to  confer  jurisdiction  on 199 

Wrongfully  and  illegally  assumed  jurisdiction 200 

Agent  of  government  sent  to  watch, 216 

Members  of,  indicted  for  forgery 233 

Decided  to  be  unconstitutional  by  supreme  court  of  La.  ...  237 

Action  of,  in  1874  condemned  by  Congress 353 

RETURNS,  the,  must  be  made  by  commissioner  of  election  within 
24  hours  after  close  of  polls  :   Supervisors  of  registration 

must  make,  within  24  hours   133 

From  De  Soto,   Bossier,  and  Webster  parishes  altered  in 

New  Orleans  post-office , 149 

Of  Natchitoches  parish 171 

ROBESON,  Geo.  M.,  disgraced       7 

Opinion  of,  about  General  Grant 30 

General  Grant's  confidence  in, 32 

Disclosures  concerning 33° 

On  General  Grant 356 

ROBERTSON,  W.  H. ,  arrival  of,   in  Florida 65 

ROGERS,  H.  C.,  letter  of,  to  J.  H.   Maddox 216 

ROLLINS,  D.  G.,  arrival  of,  in  Florida 65 

ROWAN,  T.  H.,  supervisor  of  registration  loth  Ward,  N.  O 119 

Services  of,  and  reward  of, 291 

RULE,  the  twenty-second  joint,  adopted  by  Congress    14 

Dispensed  with  by  Senate.. 15 

Feature  of,    16 

Dropped  by  the  Senate   27 

RUGER,  General,  ordered  to  Florida 57 

Directed  to  report  to  Governor  Stearns    59 

STATISTICS,  the,  of  registration  and  election  in  Louisiana 120 

What  they  prove 123 

SAN  DOMINGO  investigation 10 

SARGEANT,  A.  A.,  recommendation  by,  of  Jos.  Bowes 108 

STATE  CANVASSERS,  the,  of  Florida,  specific  powers  of, 95 

Ordered  to  re-canvass  county  returns  for  governor   98 

SWAZEY,  George  A.  G.,  history  of,  services  of,  reward  of, 292 

SECTIONAL  PREJUDICES i 

SECTIONAL  POLITICS,  rebuked  by  people  in  1874 13 

SELIGMAN,  Jesse,  opinion  of,  about  General  Grant 30 

Remarks  of,  on  General  Grant 356 

SENATE,  the.  appointment  of  select  committee  by,  on  electoral  count.  35 

Decided  Louisiana  election  law  to  be  unconstitutional 199 

SHERMAN,  General,  dispatches  to, 32 

Orders  of  Cameron  to 57 

Telegrams  of  General  Grant  to 5& 


393  INDEX. 


PAGE 

SHERMAN,  General,  telegram  from, 60 

SHERMAN,  John,  visiting  statesman 33 

Letters  to,  from  Hayes  recommending  L.  G.  Dennis 104 

Letter  to,  from  E.  F.  Noyes  recommending  L.  G.  Dennis .    105 
Attendance  of,  on  sessions  ol  Louisiana  Returning  Board..   139 

Cooperation  of,  with  Kellogg 140 

Alleged  letter  of,  to  Anderson  and  Weber 144 

Testimony  of,  concerning  Anderson-Weber  letter :  State 
ment  of,  that  he  would  have  written  part  of, 145 

Testimony  of,   at  Atlantic  city 147 

Eulogy  on  members  of  Returning  Board  by, 156 

Letter  of,  to  R.  B.  Hayes 166 

Letter  of,  to  Kellogg,  mentioned 184 

Appointment  of  Thos.  S.  Kelley  by,  on  recommendation  of 

Kellogg 187 

Chief  of  visiting  statesmen  to  Louisiana 199 

Knew  forms  of  law  had  not  been  complied  with 200 

Admissions  of,  to  Potter  committee  :  Alleged  letter  of,  to 
Anderson  and  Weber :  Knew  that  supervisors  of  regis 
tration  had  not  power  to  make  protests 203 

Knew  that  supervisors  of  registration  had  to  be  induced  to 
make  protests  :  Made  secretary  of  the  Treasury  in  recog 
nition  of  his  services  in  Louisiana 204 

Favoritism  shown  by,  to  First  National  Bank  of  New  York  205 
Letter  to,  from  G.  Cassannave 240 

SHERIDAN,  General  Phil. ,  dispatch  from,     60 

Compelled  to  remove  J.  Madison  Wells 155 

Letter  of,  to  Secretary  Stanton  about  J.  Madison  Wells. . .  215 

SHERWIN,  Frank,  schemes  of,  in  Florida 69 

SHELDON,  Lionel  A.,  Republican  elector  of  Louisiana,  testimony 

of,  about  Levissee  and  Toffroin 182 

Failure  of,  to  tell  a  plausible  story 183 

Reward  of, 264 

SHELLABERGER  &  WILSON,  counsel  of  Hayes,  notice  of  Cassa- 

nave  to, 238 

Telegrams  of,  to  Cassannave's  counsel 240 

SPECIAL  AGENTS,  the,  of  Post-office  department  sent  to  Florida.     65 

STEARNS,  Governor  of  Florida,  General  Ruger  to  report  to, 58 

Dispatch  of,  about  troops 60 

General  Ruger  to  obey  63 

Suspicions  of  Dr.  Cowgill 97 

Appointment  of, 106 

SMITH,  D.  D.,  had  custody  of  election  returns 149 

Services  of,  and  reward  of, 280 

SMITH,  George  L.,  candidate  for  Congress 117 

Control  of  supervisors  of  registration  by, 1 18 

Engaged  in  the  manufacture  of  outrage  stories .    142 

Alteration  of  returns  by,  in  N.  O.  post-office 149 

History  of, .   271 


INDEX.  399 

PAGE 

SMITH,  George  L,,  reward  of,  for  services. 272 

SMITH,  John,  burlesque  electoral  certificate  signed  by, 193 

SPRINGER,  Wm.  M.t  appointed  on  committee 35 

Chairman  of  sub-committee 36 

Statement  of  E.  A.  Burke  to, 231 

SOUTH,  the,  cost  of  carpet-bag  rule  in, 8 

SOUTHERN  STATES,  the,  negro  and  carpet-bag  rule  in, 12 

SOUTH  CAROLINA,  public  plunders  in 8 

Martial  law  in  effect  declared  in, iS 

Purpose  of  troops  being  sent  to, 19 

General  Grant's  opinion  about  vote  of, 25 

Telegram  to  Governor  of, 50 

SOUER,  Louis  J.,  services  of,  and  reward  of 297 

SCOTT,  James  E.,  supervisor  of  registration  Claiborne  parish 118 

Services  of,  and  reward  of, 286 

SPOFFORD,  Henry  M 189 

Contest  of,  with  Kellogg 259 

STRONG,  Justice,  troubled  conscience  of:  Letter  of,  to  George  W. 

Jones   34 

Admission  by;   Concedes  the  commission  of  a  great  wrong 

by  the  Louisiana  Returning  Board 48 

STOUGHTON,  E.  W.,  visiting  statesman  to  Louisiana 137 

Participation   by,   in   frauds   in   connection  with  De  Soto 

parish 158 

"  Clerical  error  "  discovered  by, 159 

Disreputable  work  of,    in  Louisiana  :  Author  of  report  de 
fending  Louisiana  Returning  Board 211 

Appointed  minister  to  Russia 212 

SUPREME  COURT,  the,  of  Florida,  opinion  of,   as  to  powers  of 

State  canvassers 94 

Of  Louisiana,  decision  of,  in  case  of  Thos.  C.  Anderson  . .  236 

SUPERVISORS  OF  REGISTRATION  in  Louisiana no 

Unscrupulous  character  of:  What  was  expected  of,  by  Re 
publican  leaders 124 

Promises  to :  Only  two  of,  made  protests  according  to  law.  125 
Causing  protest  as  to  acts  affecting  registration :   Protest 

by,  must  accompany  returns 127 

Omnipotent  as  to  registration,  ministerial  as  to  election.  .  ..  128 
Instructions  to,  to  disobey  the  law  :   Failure  of,  to  send  re 
turns  by  mail  as  law  directs  :  Returns  taken  by,  to  New 

Orleans. 136 

Only  seventeen  of,  obeyed  election  law 143 

Three  of,  committed  perjury   144 

Fimctus  officio  when  registration  was  completed  and  elec 
tion  held  :  Instructed  to  disobey  the  law 201 

SYPHER,  J.  Plale,  testimony  of,  about  Sherman  letter.    145 

Author  of  Cassannave's  letter  to  Hayes 238 

TAYLOR,  Moses  J.,  Florida,  manipulator 69 


400  INDEX. 

PAGE 

TAYLOR,  Moses  J.,  connection  of,  with  frauds  in  Jefferson  county.  90 

Reward  of, 108 

TELEGRAMS,  from  W.  E. ,  to  Zach.  Chandler. 62 

From  Governor  Stearns  about  troops 60 

Cipher,  to  A.  E.  Lee   64 

From   W.   E.  to  Zach.   Chandler :  From  Zach.    to  W.   E. 

Chandler 66  67 

From  Don  Cameron  to  General  Sherman 57 

From  Gen.  Grant  to  General  Sherman 58 

From  L.  C.  Weir  to  W.  E.  Chandler  :    From  L.  C.  Weir 

to  E.  F.  Noyes 65 

From  W.   E.   Chandler  to  S.   B.   Packard:   From  W.   E. 

Chandler  to  Kellogg  :    From  Kellogg  to  W.  E.  Chandler  75 

TILDEN,  Samuel  J.,  elected  President I 

A  foreseeing  leader  of  men , 2 

Advice  of,  against  an  extra-constitutional  tribunal 3 

Labor  performed  by,  in  breaking  the  Tweed  ring   4 

The  most  conspicuous  reformer  of  his  time 5 

The  people's  choice 22 

Election  of,  admitted  by  General  Grant 24 

Confirmatory  evidence  of  General  Grant's  belief 25 

General  Grant's  conviction  in  regard  to  election  of:   Expect 
ation  of  General  Grant  that  vote  of  Louisiana  would  be 

awarded  to, 26 

General  Barlow's  opinion  that  vote  of  Fla.  belonged  to, ...  33 

McCreery  bill  submitted  to, 36 

TIMES,  the,  of  Philadelphia.  Col.  A.  K.  McClure,  editor  of,  state 
ment  in  regard  to  Gen.  Grant's  belief  in  election  of  Mr. 

Tilden   25 

TRIBUNE,  the  N.  Y. ,  on  General  Grant 30 

Editorial  of,  on  character  of  General  Grant 356 

TIMES,  the,  of  N.  Y.  claimed  election  of  Hayes 51 

TIDBALL.  Z.  L. ,  sent  to  Florida , 65 

Services  of, 83 

Reward  of,      Ill 

TWITCHELL,  W.  H.,  Services  of,  and  reward  of,  ...    296 

THURMAN,  Allen  G 36 

TRUMBULL,  Lyman,  report  of,  on  Louisiana  election 338 

Characterizes   proceedings   by   which    Kellogg   was   made 

governor  of  Louisiana  ...      347 

TYNER,    James   W.,    postmaster-general,    allowed    to   withdraw 

cipher  telegrams 75 

UNDERWOOD,  Napoleon,  services  of,  and  reward  of, 291 

VANCE,  Thos.  H.,  tool  of  L.  G.  Dennis 69 

Part  of,  in  Alachua  fraud  85 

Services  of,  and  reward  of 107 

VARNUM,  John,  services  of,  and  reward  of 109 


INDEX.  401 

PAGE 

VEASEY,  J.  A.,  supervisor  of  registration  Lafayette  parish  in 
dicted  for  murder 119 

VICE-PRESIDENT,  the,  and  the  electoral  vote 23 

VISITING  STATESMEN,  the,  arrive  in  New  Orleans 136 

Invited  to  cooperate  with  Democratic  visitors 137 

Encouraged  disregard  of  "  forms  "  of  law 138 

Subdivided  their  labors 139 

Invited  to  attend  open  sessions  of  Returning  Board 156 

Connection  of,  with  Eliza  Pinkston 164 

Conducted  themselves  as  violent  partisans 198 

Knew  that  forms  of  law  had  not  been  complied  with ......   200 

Preached  rigid  adherence  to  "  forms  of  law  "  and  practised 

widest  departure  therefrom         202 

Understanding  of,  with  Wells  and  Anderson 223 

Roster  of, 29^ 

Dishonesty  of  defence  of, 3O1 

Names  of,  linked  to  those  of  Kellogg,  Wells,  et  a/ 302 

WALLACE,  General  Lew,  sent  to  Florida 63 

Spoke  for  Hayes IO3 

Introduction  by,  of  L.  G.  Dennis  to  R.  B.  Hayes 104 

Appointment  of,  to  governorship  of  New  Mexico    1 12 

WALSH,  John  A.,  banker,  paid  money  to  Kelley  for  Kellogg. ,. . .    187 

WARD,   D.  A.,  supervisor  of  registration,  Grant  parish 116 

WARMOTH,  Henry  C,  first  appearance  of,  in  Louisiana  politics. .  314 

Character  of, 3*% 

Quarrel  of,   with  Casey 32" 

Accusations  against,  recited  by  George  Carter   327 

Delineates  the  characters  of  his  opponents  :  Accuses  Casey, 

Packard,  and  Ray  of  being  corrupt 328 

Determined  to  perpetuate  his  power:    Struggle  of,   with 

Custom  House  party 33°-33r 

Attempt  to  impeach, 332  to  335 

Methods  by  which  impeachment  of,  was  defeated 334 

Quarrel  of,   with  Federal  administration 336 

Attempt  to  conciliate  :  Coalition  of,  with  democrats 337 

Opinion  of,  by  Senator  Carpenter 33^ 

Creates  new  Returning  Board 34° 

Promulgates   new   election   law  :     Injunction    against,    by 

Judge  Durell 34* 

Proceedings  of,   irregular 342 

WASHINGTON  CITY,  troops  ordered  to 33 

WATTS,  J.  W.,  Republican  elector  of  Oregon 45 

Disqualified  by  Constitution  of  U.  S. , 4" 

Not  elected 47 

WATERLOO,  the,  of  the  Republican  party 49 

WATTERSON,  Henry,  defence  by,  of  Stanley  Mathews I48 

WHARTON,  Jack,  history  of, 274 

Testimony  of,  about  J.  Madison  Wells 275 


402 


INDEX. 


PAGE 

WHARTON,  Jack,  rewarded  for  his  services 276 

WEBER,  E.  L.,  testimony  of,  about  visiting  statesmen, 141 

Testimony  of,  about  letter  to  his  brother 146 

WEBER,  Don  A.,  alleged  letter  to, 14° 

Killed,  March  1877 *47 

WELLS,  J.  Madison,   character  of, !55 

General  Sheridan  on, 2I4 

Greed  and  venality  of,  notorious 216 

Letters  of,  to  J.  H.  Maddox 217 

Letter  of,  to  Senator  West 219 

Proof  of  corruptibility  of, 221 

Testimony  of  Duncan  F.  Kenner  concerning 222 

Testimony  of  Jack  Wharton  about 275 

Reward  received  for  services 232 

Fled  when  indicted  for  forgery 234 

Dishonesty  of,  while  governor  of  Louisiana 3I4 

Thought  by  Grant  to  be  a  scoundrel 3°^ 

WELLS,  A.  C.,  son  of  J.  Madison  Wells,  reward  of, 240 

WELLS,  Sam1!  S.,  son  of  J.  Madison  Wells,  reward  of, 240 

WEST,  J.  R,,  senator,  letter  to,  from  J.  Madison  Wells 220 

WICKER,  F.  N.,  collector  of  port  of  Key  West,  Florida . .     85 

Retention  of,   in  office 109 

WEIR,   L.  C.,  cipher  telegrams  of,    65 

WILLIAMS,  Attorney- general,  disgraced 7 

And  President  Grant 32 

Telegram  of,    to  Packard  to  enforce  mandates  of    U.   S. 

courts 344 

Coincidence  of  order  of,  and  Durell's  midnight  order. .      . .   345 
Conduct  of,  considered  :  Telegram  of,  to  citizens  of  New 

Orleans   34« 

WILLARD,  George 36 

WILLARD,  C-  D.,  schemes  of,  in  Florida 69 

WHITE,  Gen.  Henry,  visiting  statesman, -   H1 

WHISKEY  FRAUDS  ..  31 


WRIGHT,  Silas,  on  question  of  eligibility  of  electors 43 

WOODRUFF,  B.  F Il8 

WOODWARD,  York  A.,  clerk  of  Returning  Board,  rewarded 241 

WORMLEY'S  HOTEL  CONFERENCE 23° 

YOUNG,  Lieutenant-Governor  of  Ohio 220 


ADVERTISEMENTS 


William  S.  Gottsberger' s  Publications. 


ANTON  CIULIO  BARRILI.       CEORC  EBERS.  Continued. 


A  Whimsical  Wooing1,  from  the 
Italian  by  Clara  Bell,  one  vol. 
paper,  25  cts.,  cloth,  50  cts. 

The  Devil's  Portrait,  from  the 
Italian  by  Evelyn  Wodehouse, 
one  vol.  paper,  40  cts.,  cloth, 
75  cts. 

The  Eleventh  Command- 
in  cut,  from  the  Italian  by  Clara 
Bell,  one  vol.  paper,  50  cts., 
cloth,  90  cts. 

LA  MARCHESA  COLOMBI. 

The  Wane  of  an  Ideal,  from 
the  Italian  by  Clara  Bell,  one 
vol.  paper,  50  cts.,  cloth,  go  cts. 

Nlme  SOPHIE    COTTIN. 

Matilda,  Princess  of  England, 
from  the  French  by  Jennie  W. 
Raum,  two  vols.  paper,  $1.00, 
cloth,  $1.75  per  set. 

Mme  AUGUSTUS  CRAVEN. 

Eliane,  from  the  French  by  Lady 
Georgiana  Fullerton,  one  vol. 
paper,  50  cts.,  cloth,  90  cts. 

FELIX  DAMN. 

Felicitas,  from  the  German  by 
Mary  J.  Saftord,  one  vol.  paper, 
50  cts.,  cloth,  90  cts. 

GEORG  EBERS. 
An  Egyptian  Princess,  From 
the  German  by  Eleanor  Grove ; 
authorized  edition,  revised,  cor 
rected,  and  enlarged  from  the 
latest  German  edition,  two  vols. 
paper,  80  cts.,  cloth.  $1.50  per 
set. 

A  Question,  from  the  German  by 
Mary  J.  Safford;  authorized  edi 
tion,  one  vol.  paper,  40  cts., 
cloth,  75  cts. 


A  Word,  Only  a  Word,  from  the 
German  by  Mary  J.  Safford,  one 
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Homo  Sum,  from  the  German  by 
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one  vol.  paper,  40  cts.,  cloth, 
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Serapis,  from  the  German  by  Clara 
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The  Burgomaster's  Wife,  from 
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The  Sisters,  from  the  German  by 
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Uarda,  from  the  German  by  Clara 
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corrected,  and  enlarged  from  the 
latest  German  edition,  two  vols. 
paper,  80  cts.,  cloth,  $1.50  per 
set. 

Ebers'  Romances,  12  vols.  in 
half  calf  extra,  Matthews'  bind 
ing,  in  neat  case,  $24.00. 

ERNST  ECKSTEIN. 

Prusias,  from  the  German  by  Clara 
Bell,  two  vols.  paper,  $1.00. 
cloth,  $1.75  per  set. 

Quintus  Claudius,  from  the 
German  by  Clara  Bell,  two  vols. 
paper,  $1.00,  cloth,  $1.75  per 
set. 

The  Will,  from  the  German  by 
Clara  Bell,  two  vols.  paper, 
$1.00,  cloth,  $1.75  per  set. 


William  S.    GottsbergeS  s  Publications. 


B.  PEREZ  CALDOS. 

Gloria,  from  the  Spanish  by  Clara 
Bell,  two  vols.  paper,  $1.00, 
cloth,  $1.75  per  set. 

Marianela,  from  the  Spanish  by 

Clara  Bell,  one  vol.  paper,  50  cts. 

cloth,  90  cts. 
Trafalgar,  from  the  Spanish  by 

Clara  Bell,  one  vol.  paper,  50  cts. 

cloth,  90  cts. 

ROBERT    HAW5ERLINC. 

Aspasia,from  the  German  by  Mary 
J.  Safford,  two  vols.  paper,  $1.00, 
cloth,  $1.75  per  set. 

LE'I'LA-HANOUM. 

A  Tragedy  at  Constantino 
ple,  from  the  French  by  Gen. 
R.  E.  Colston,  one  vol.  paper, 
50  cts.,  cloth,  90  cts. 

W.  VON   HILLERN. 

A  Graveyard  Flower,  from  the 
German  by  Clara  Bell,  one  vol. 
paper,  40  cts.,  cloth,  75  cts. 

Ernestine,  from  the  German  by 

S.  Baring  Gould,  two  vols.  paper, 
80  cts.,  cloth,  $1.50. 

Higher   Than    The   Church, 

from  the  German,  by  Mary  J. 
Safford,  one  vol.  paper,  25  cts. 
cloth,  50  cts. 

The  Hour  Will  Come,  from  the 
German,  by  Clara  Bell,  one  vol. 
paper,  40  cts.,  cloth,  75  cts. 


S.  REYNOLDS  HOLE. 

A  Book  About  Roses.     How  to 

grow  and  show  them  !  one  vol. 
paper,  50  cts.,  cloth,  90  cts. 

C.    H.    LEWES. 

Ranthorpe,  one  vol.  paper.  40  cts. 
cloth,  75  cts. 

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Our  Own  Set,  from  the  German 
by  Clara  Bell,  one  vol.  paper, 
50  cts.  cloth,  90  cts. 

GEORGE  TAYLOR. 

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Mary  J.  Safford,  one  vol.  paper, 
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J.  Safford,  one  vol.  paper,  sects, 
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CARL  VOSMAER. 

The  Amazon,  from  the  Dutch 
by  E.  J.  Irving,  one  vol.  paper, 
40  cts.,  cloth,  75  cts. 

ADOLF   WSLBRANDT. 

Fridolin's  Mystical  Mar 
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cloth,  90  cts. 


Henry  Irving,  a  short  account 
of  his  public  life.  Paper,  with 
frontispiece,  50  cts.,  cloth,  with 
four  illustrations,  $1.25. 


A  Practical  Method  for  Learning  Spanish,  by  A.  Ramos  Diaz 
de  Villegas,  in  one  volume,  i2mo.  Price  75  cents. 

A  Method  for  the  Idiomatic  Study  of  German,  by  Otto 
Kuphal,  Ph.  D.  Part  One.  Lessons,  Exercises,  and  Vocabulary, 
large  I2mo.  536  pages.  Price  $2.25. 


A  METHOD   FOR  THE 

IDIOMATIC    STUDY    OF    GERMAN 

BY 

OTTO    KUPHAL,   Ph.  D. 

— PART    ONE — 
LESSONS,    EXERCISES,    AND    VOCABULARY. 

Large  i2mo.  —  536  pages.    Price  $2.25. 

This  Method  is  based  on  the  principles  of  modern 
philosophy.  Gradual  progress  and  spontaneous  develop 
ment  are  its  leading  features.  The  sentence  is  the  unit. 
Natural  language  precedes  literary  language.  The  exam 
ple  teaches  the  rule ;  language  teaches  grammar. 

The  work  is  printed  entirely  in  the  Roman  character. 

"Spoken  language  is  to  written  language  what  the  real  object  is 
to  its  description. 

"The  knowledge  of  language  is  based  on  sound.  Sound  is 
the  soul  of  language;  without  it  language  is  dead.  Sound  imparts 
life  ;  vividly  and  forcibly  it  impresses  facts  upon  the  mind,  and 
facts  are  the  absolute  basis  of  all  knowledge.  No  true,  no  real 
knowledge  of  language  has  ever  been  attained,  unless  it  was 
founded  on  this  solid  basis  which  the  living  voice  alone  has  the 
power  to  create. 

"  The  study  of  language  must  conform  to  the  process  of  nature. 
Language  was  spoken  many  ages  before  letters  or  books  were 
even  thought  of,  and  no  one  ever  attempted  to  read  or  write  his 
mother-tongue  before  he  was  able  to  understand  and  to  speak  it. 
To  go  counter  to  the  sequence  in  which  the  faculties  naturally  and 
spontaneously  develop,  is  to  oppose  the  precepts  of  nature.  We  must 
understand  a  language  before  we  can  speak  it;  we  must  speak  a 
language  before  we  can  read  it.  Reading  is  indirect  hearing.  In 
reading  we  mentally  pronounce  the  author's  words  and  these 
mental  sounds  are  reported  to  the  brain.  If  we  cannot  pronounce, 
we  cannot  read.^  When  we  begin  to  read  our  mother-tongue,  we 
recall  to  our  mind  known  sounds  and  knoivn  ideas.  Must  the 
process  not  be  the  same  when  we  begin  to  read  a  foreign  tongue? 
To  make  reading  the  starting-point  in  the  acquisition  of  a  foreign 
language  is  contrary  to  reason  and  the  student,  after  fruitless 
efforts,  invariably  abandons  his  task. "— Extract  from  Author's 
Preface. 

William  S.    Gottsberger,    Publisher,    New    York. 


A  PRACTICAL  METHOD 

FOR 

LEARNING  SPANISH 


BY 

A.  RAMOS  DIAZ  DE  VILLEGAS 

"  Spanish  is  not  under  any  circumstances  a  difficult  language 
to  learn.  It  has  in  its  construction  and  pronunciation  an  encour 
aging  directness  very  unlike  the  grammatical  involutions  of  German 
and  the  delicate  sound-shadings  of  French.  Working  in  accord 
ance  with  the  rules  of  almost  any  'system,'  a  diligent  student  can 
in  a  very  little  while  acquire  a  fair  mastery  of  the  language;  though 
it  is  true  that  some  of  the  « systems '  are  much  more  difficult  than 
others.  One  of  the  simplest  and  best  of  them  all  is  'A  Practical 
Method  for  Learning  Spanish,'  by  Senor  A.  Ramos  Diaz  de 
VUlegas,  just  now  published  by  William  S.  Gottsberger,  New  York. 
The  '  method '  of  Senor  de  Villegas  comprehends  a  collection  of 
anecdotes  arranged  in  short  lines  with  an  English  translation, 
similarly  arranged,  on  the  corresponding  opposite  page ;  familiar 
phrases,  with  idiomatic  renderings  in  English  in  parallel  columns  ; 
a  vocabulary  of  words  in  common  use,  and  a  complete  list  of  the 
Spanish  irregular  verbs.  It  will  be  observed  that  this  method 
hardly  can  be  called  original ;  that  it  is  more  or  less  that  of  Morales, 
of  Velazquez,  of  Prendergast,  and  that  some  of  its  features  are 
found  in  Ollendorff  and  in  Ahn  ;  but  in  simplicity  of  arrangement 
and  directness  of  purpose  it  is  superior  to  all  of  these — Prendergast 
possibly  excepted.  It  certainly  is  what  it  is  called— a  practical 
method  for  learning  Spanish.  With  a  relatively  small  outlay  of 
mental  exertion  it  produces  exceptionally  good  results." — Philadel 
phia  Times,  June  24,  1882. 

ONE  VOL.,    i2MO.  —  PRICE   75   CENTS. 

Sent  by  mail)  post-paid,   on  receipt  of  price. 

WILLIAM   S.   GOTTSBERGER, 

Publisher, 
\  \   Murray  Street,  New  York. 


MATILDA,  Princess  of  England,  by  Mme  Sophie  Cottin, 
from  the  French  by  Jennie  W.  Raum,  in  two  vols.,  paper, 
$1.00.  Cloth,  $1.75  per  set. 


"A  good  old-fashioned  novel  with  a  good  old-fashioned  hero 
and  heroine,  possessed  of  superhuman  strength  and  virtues,  is 
rare  enough  in  the  present  day  to  be  refreshing.  «  Matilda,  Prin 
cess  of  England,'  would  have  been  thoroughly  satisfactory  to  our 
forefathers.  It  is  crowded  with  incidents,  has  an  exciting  plot,  is 
not  sparing  in  sentimental  love  scenes,  and  describes  the  romantic 
times  of  the  crusaders.  The  heroine  is  a  sister  of  Richard  Coeur 
de  Lion,  a  novice  in  a  convent,  who  desires  to  go  with  her  brother 
on  his  pilgrimage  to  the  Holy  Land.  The  hero  is  Malek  Adhel,  a 
Mussulman  and  brother  of  the  famous  Saladin.  The  passionate 
love  of  the  Eastern  prince  for  the  Christian  maiden,  and  the  chiv 
alrous  devotion  which  eventually  won  Matilda's  heart,  are  but  a 
part  of  the  romance.  After  love  on  both  sides  is  felt  and  ac 
knowledged  comes  the  long  and  terrible  struggle  of  the  lovers  to 
be  true  to  their  different  faiths.  The  agonizing  efforts  made  by 
the  Christian  maiden  to  convert  the  Saracen,  his  loyal  fidelity  to 
his  country  and  his  people,  and  the  subsequent  tragedy,  make 
the  novel  exceedingly  powerful  and  interesting.  The  descriptions 
of  scenery  in  the  East  are  very  fine ;  the  situations  are  dramatic, 
and  the  language  is  highly  colored  and  Oriental,  perhaps  too  much 
so  to  be  always  agreeable.  One  may  wish  that  Mme.  Sophie 
Cottin  had  condensed  her  work  and  given  us  only  one  volume  of 
'  Matilda;'  but  the  novel  as  it  is  will  be  a  valuable  addition  to  the 
historical  pictures  of  the  days  of  the  crusades.  The  boys  and 
girls  who  have  followed  Richard  Cceur  de  Lion's  fortunes  so 
gladly  in  'The  Talisman'  and  '  Ivanhoe'  will  rejoice  to  find  him 
again  foremost  in  battles  and  generous  alike  to  friend  and  foe ; 
while  those  who  remember  the  venerable  William,  archbishop  of 
Tyre,  will  find  his  life  and  character  portrayed  with  wonderful 
truth  and  beauty.  The  first  few  chapters  of  any  historical  novel 
require  a  certain  effort  of  the  will  to  accomplish,  but  after  the 
reader  has  left  these  behind  he  will  find  '  Matilda'  as  stirring  and 
absorbing  as  a  tale  of  modern  times." — Evening  Transcript,  Bos 
ton,  July  16,  1885. 


William  S.  Gottsberger,  Pub  Usher ^  New   York. 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROWED 

LOAN  DEPT. 

This  book  is  due  on  the  last  date  stamped  below, 
or  on  the  date  to  which  renewed.  Renewals  only: 

Tel.  No.  642-3405 

Renewals  may  be  made  4  days  prior  to  date  due. 
Renewed  books  are  subject  to  immediate  recall. 


'  ..  -  .  . 


NOI/15 


.,.- 


General  Library 


